Baptiste v The Queen

JurisdictionSt Lucia
JudgeDavis C.J.
Judgment Date01 January 1976
Neutral CitationLC 1976 CA 4
CourtCourt of Appeal (Saint Lucia)
Date01 January 1976
Docket NumberCriminal Appeal No. 3/1976

Court of Appeal

Maurice, C.J.

St. Bernard, J.A.

Peterkin, J.A.

Criminal Appeal No. 3/1976

Baptiste
and
The Queen

The applicant in person.

P.J. Husbands for the respondent.

Criminal Law Appeal against Conviction for rape and carnal Knowledge - Appeal against conviction for rape and carnal knowledge — Whether two convictions should have been recorded for what was practically substantially one offence only arising out of one incident.

1

Davis C.J. delivered the Judgment of the Court: This is an application by Wilson Jn Baptiste for leave to appeal against two convictions; one for rape and the other for unlawful carnal knowledge of a girl of the age of 13 years.

2

The application was first made to a single judge and leave was refused. In relation to conviction the summing up of the learned trial was thorough, careful and fair; and the jury had their minds properly directed to the issues that they had to bear in mind and the evidence which related thereto. It is impossible to say that they were not entitled to come to the conclusion that the charge of rape was made out. The application in relation to that offence is accordingly refused.

3

But this court observes that the applicant was convicted not only on the full charge but also on the lesser (though just as grave) charge of unlawful carnal knowledge of a female of the age of 13 years. This offence vas in relation to the same girl and in relation to the same incident, and that he was sentenced in respect thereof to a concurrent term of two years imprisonment.

4

It is perfectly clear on reading the record that the two charges related to one and the same incident. It does not seem to this court right or desirable that one and the same incident should be made the subject matter of distinct charges, so that hereafter it may appear to those not familiar with the subject matter that two entirely separate offences were committed. Were this permitted generally, a single offence could frequently give rise to a multiplicity of charges; and great unfairness could ensue.

5

This same point was considered in the case of R. v. Lewis, which is reported in 9 W.I.R. at page 333. In that case, the appellant was charged on an indictment containing two counts, a count for rape and a count for unlawful carnal knowledge. He was convicted on both counts and sentenced to concurrent terms of imprisonment.

6

On appeal, the Court of Appeal of Jamaica, held that...

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