Horsford v Blaize

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Louisy, J.
• Judgment Date: 28 July 1967
• Neutral Citation: AG 1967 CA 5
• Docket Number: Criminal Appeal No. 1 of 1966
• Date: 28 July 1967

High Court

Louisy, J.

Criminal Appeal No. 1 of 1966

Horsford

and

Blaize

Appearances:

C.E Hewlett for appellant

Legal Assistant for respondent

Criminal law - Appeal against conviction — Carrying abroad an offensive weapon — Keeping an unlicensed revolver — Firearms Ordinance, Cap. 313, s.18 (4)(7).

Evidence - Admissibility of evidence — Firearms Ordinance, Cap. 313.

Facts: Evidence revealed that the appellant was found carrying abroad a revolver without the requisite licence. The issues were whether certificate of fitness to carry a firearm had to state the particular firearm to which it related and whether the appellant was required to have a licence to carry a firearm.

Facts: The appellant was charged for carrying aboard a firearm without the requisite licence. Evidence from the Register of Firearms was admitted without the production of the Register in the Court. The issue was whether the evidence should have been admitted.

Held: Under s.18 (4)(7) of the Firearms Ordinance the Superintendent of Police was empowered to state the type of firearm covered by the certificate of fitness. In the appellant's case his certificate related to a shotgun and therefore would not cover a revolver. Appeal dismissed.

Held: Without the actual Register being presented the judge erred in admitting its contents as evidence. But, even when this evidence is excluded there is still sufficient evidence that the appellant had no licence for his revolver and the onus according to s.36 of the Ordinance was therefore thrown on the appellant to show that the revolver was licensed. Appeal dismissed.

Louisy, J.

1 The appellant was charged:

• (a) under section 11 of Cap. 67 of the Revised Edition 1927 of the laws of Antigua for being found carrying abroad a certain offensive weapon and not being able to give a satisfactory account of his possession;

• (b) under section 11 of Ordinance No. 14. of 1962 for keeping an unlicensed revolver and; under section 12 (1) of Chapter 67 of the Revised Edition 1927 of the laws of the Leeward Islands for assault.

2 These charges came on for hearing before the magistrate 11th March 1965 and were tried together. The magistrate found the appellant guilty on all the charges. The appellant appealed against all the convictions. It is unnecessary to refer to the facts in the first charge and the second charge as possession of the revolver is admitted by the appellant.

3 The ground for appeal on the first charge is, that the decision is unreasonable and cannot be supported having regard to the evidence. On this ground counsel for appellant argued that the appellant was given a certificate of fitness indicating that he was a fit and proper person to be granted a licence to keep firearms. Possession of this certificate of fitness, counsel urged, was an answer to the charge that the appellant was unable to give a satisfactory account for his possession of the revolver. If the appellant has a certificate of fitness it cannot be said that he was unable to give a satisfactory account of his possession.

4 It was pointed out to counsel that assuming he is right on this submission; the certificate of fitness referred to a shotgun and not a revolver. Counsel argued that there is no authority to state the particular firearm to which the certificate of fitness relates.

5 Reference to section 18 subsections (1), (3), (4) and (7) of the Firearms Ordinance (Cap. 313) answers counsel's submission. 18 (1) reads -

“18. (1) No licence to keep firearms shall be granted to any person unless he has attained the age of eighteen years and satisfied the Superintendent of Police that...