Abraham v R

• Jurisdiction: St Lucia
• Judge: Cecil Lewis J.A.
• Judgment Date: 21 January 1971
• Neutral Citation: LC 1971 CA 4
• Docket Number: Criminal Appeal No. 2 of 1971
• Court: Court of Appeal (Saint Lucia)
• Date: 21 January 1971

Court of Appeal

Lewis, C.J.; Gordon, J.A.; Lewis, J.A.

Criminal Appeal No. 2 of 1971

Abraham

and

R.

Appearances:

Applicant in person.

L. A. Williams (Acting Attorney General) for the respondent

Criminal law - Appeal against conviction — Burglary

Facts: The appellant appealed on the ground that an alleged stolen article was identified by the woman who was supposed to have lost it at the police station on August 20 when in point of fact the evidence for the prosecution is that it was taken from the appellant by the police on August 28. Also that no identification parade was carried out by the police. The issue was whether the conviction was safe

Held: After taking all matters into consideration the court found it unsafe to allow the conviction to stand. Appeal allowed. Conviction quashed and sentence set aside.

Cecil Lewis J.A.

1 The applicant was convicted on August 8th, 1970, of the offences of burglary and stealing and sentenced to five years and two years imprisonment respectively with hard labour. He has applied for leave to appeal against his convictions and has supported his application on the following grounds: –

• (a) the allegedly stolen article, a radio, was identified by Marie Du Boulay, the woman who was supposed to have lost it, at the police station on August 20 ^th, 1970, when in point of fact the evidence for the prosecution is that it was taken from the applicant by the police on August 28 ^th, 1970;

• (b) no identification parade was ever carried out by the police.

2 The facts which may be stated briefly are these: An old woman called Venice Leandre who lives at Morne Road, near Castries, has two daughters Marie Du Boulay and Lucretia Charles. On 13 ^th August, 1970, at about 6 p.m. she locked up her house and was inside with her grandchildren. Neither of her daughters was present at the time. At about 7 p.m. Lucretia Charles came home and cooked their evening meal, and after they had eaten it they all retired to bed.

3 At about 10 p.m. Venice Leandre heard a noise in her bedroom. She switched on a flashlight which she had near to her bed and saw a man standing in the bedroom whom she said she recognised to be the applicant. He was standing by her dresser and she noticed that he was wearing a red jersey and had a knife in one of his hands. She called out to him and shouted for her daughter Lucretia and immediately as she did this the person went through the door of the pantry into...