Weston v The Queen

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Gordon, C.J.
• Judgment Date: 23 June 1970
• Neutral Citation: AG 1970 CA 14
• Docket Number: Criminal Appeal No. 1 of 1970
• Date: 23 June 1970

Court of Appeal

Lewis, C.J.; Lewis, J.A.; St. Bernard, J.A. (Acting)

Criminal Appeal No. 1 of 1970

Weston

and

The Queen

Appearances:

T.H. Kendall for Appellant

N.O. Jacobs, Attorney General, for Respondent

Criminal law - Appeal against conviction — Murder.

Practice and procedure - Trail by jury — Directions to jury.

Criminal law - Appeal against conviction — Evidence.

Facts: The issues were whether verdict of guilty was supported by the evidence and whether the trial judge adequately placed the defendant's argument before the jury.

Facts: The issue was whether the trial judge erred in his directions to the jury on how to interpret the testimony of the prosecution witness. Evidence revealed that the judge's directions were “unfortunate” since the evidence did not corroborate any of the facts.

Facts: The question was whether the evidence was sufficient to support a charge of “breaking in”. Evidence revealed that the appellant pushed open a closed door.

Held: The first ground was a matter for the jury and it was they who decided whether the evidence was sufficient as not. Furthermore, the judge placed all possible versions of the events before the jury including that of the appellant's. Appeal dismissed.

Held: Misdirections to the jury do not automatically cause the quashing of the conviction. The court in such a circumstance must examine the evidence of the case and see if there was any miscarriage. In this case a reasonable jury would, despite the misdirection, have come to the same verdict. Appeal dismissed.

Held: This was sufficient to support his conviction. Appeal dismissed

1 Gordon, C.J. (Ag.): On the 20th May, 1970 the appellant in this case was convicted an both counts of an indictment for (a) Burglary with intent to commit rape and (b) Indecent assault. He was sentenced. by the learned trial judge Louisy J. to 2 years hard labour on the first count and to a concurrent tern of six months hard labour an the second. He now appeals against these convictions.

2 The facts which gave rise to this appeal are as follows:–

3 On the night of the 26th December, 1969 Lena Sampson and Melrose Jarvis returned to the former's home at about 11.00 p.m. after having visited a mutual friend. Lena Sampson was the owner of the house, and Jarvis and another man Hunte were in the habit of sleeping there. Sampson retired to her bedroom and to bed after making sure that all the doors and windows of the house were locked save one - the bedroom door which locks from the gallery - which she said was closed but not locked as Hunte had not yet come in. Melrose Jarvis went to sleep on the floor immediately behind a blind door which was in front of the door which had been closed but not locked, and through which the appellant said he entered.

4 During the night Sampson awakened from sleep to find her night dress up to her breast and the appellant bending ever her pulling down her panties. She bawled out murder! murder! and called to Jarvis stating that the appellant was in her room and exposing her person. The appellant whom she said was dressed in dark short pants and a crew neck shirt then dashed out of the room, jumped over Jarvis who was still lying on the floor, ran through a bedroom then into the yard and away. Sampson's shouts attracted neighbours who subsequently collected. Jarvis who was asleep confirmed being awakened by the screams of Sampson for murder! murder! and of having seen the appellant dressed in dark short pants and a crew neck shirt, running out of Sampson's room, jumping into the yard and running away as he tried to give chase.

5 A taxi was obtained without delay and together Sampson and Jarvis went to the Bolan's Police Station where a report was made to Sergeant Martin at 2,35 a.m.

6 The appellant who gave evidence on oath in his defence stated that on the morning of the 26th December Lena Sampson came to his yard and asked him to loan her $10.00 so that she could attend a fair which was due to take place that afternoon. He gave her the $10.00 as a result of which it was arranged between them that he would visit her that night for the purpose of having sexual relations. He said she described the lay out of her home and told him of how Jarvis would be sleeping on the floor behind the blind door. As arranged he went to the house, found the door open and went in. When he tried...