George v Chief of Police

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: St. Bernard, J.A.,Lewis, C.J.,Lewis, J.A.
• Judgment Date: 10 November 1971
• Neutral Citation: AG 1971 CA 14
• Docket Number: Magistrate's Criminal Appeal No. 3 of 1971
• Date: 10 November 1971

Court of Appeal

Lewis, C.J.; Lewis, J.A.; St. Bernard, J.A.

Magistrate's Criminal Appeal No. 3 of 1971

George

and

Chief of Police

Appearances:

L.H. Lockhart for appellant

H. Harney, Acting Attorney General, for respondent

Criminal law - Appeal against conviction — Charge with being a person in a dwelling house.

Facts: The issue to be decided was whether a charge of being a person in a dwelling house existed under the Dangerous Drugs Ordinance, Cap. 225, s.24.

Held: This charge did not exist under the Ordinance. Appeal allowed.

St. Bernard, J.A.

1 The appellant was charged before the magistrate with the following offence:

“For that you on the 9th May, 1971 Hawkins Street in the Parish of St. John's in the Magisterial District “A” in the state of Antigua were a person being in a dwelling house wherein was deposited portions of the plant Cannabis Sativa there being no proper authority for there being such a place, contrary to section 24 of Chapter 225 of the Revised Edition 1960 of the Laws of Antigua.”

2 The facts of the case were that on the 9th of May, 1971, Sergeant Fitzroy Winter and some other policemen went to the home of the appellant and on their arrival found she was absent. Sergeant Winter sent two policemen for the appellant and they returned some time after with her. A search was made of the home in her presence and some “bushy substance and seeds” were found which later when analyzed were found to be portions of the plaint Cannabis Sativa.

3 At the conclusion of the case for the prosecution, counsel for the appellant submitted that there was no case to answer. This submission was overruled and the appellant gave evidence on oath. At...