Emmanuel v D'auvergne

• Jurisdiction: St Lucia
• Judge: Lewis, J.A.,Lewis, C.J.
• Judgment Date: 13 March 1972
• Neutral Citation: LC 1972 CA 6
• Docket Number: Criminal Appeal No. 9 of 1971
• Court: Court of Appeal (Saint Lucia)
• Date: 13 March 1972

Court of Appeal

Lewis, C.J., Lewis, J.A., Bernard, J.A.

Criminal Appeal No. 9 of 1971

Emmanuel

and

D'auvergne

K. Monplasir for complainant/respondent.

C. Mason for defendant/appellant.

Criminal law - Appeal against conviction — assault — Abundant evidence on which magistrate could have found the appellant guilty — Appeal dismissed.

Lewis, J.A.

1 The evidence discloses that the appellant and the respondent were at the Dennery beach. While the respondent was there, he said he felt someone hold him by his right hand and turn him about. It was the appellant. The appellant thereupon asked him why he had beaten his wife. He did not answer. He asked him a second time, and the respondent said, “I don't know of beating your wife nor any other woman.” In the meantime, the appellant, he said came up against him and began “rubbing his belly” against his belly and pushing, him backwards. He thus complained of two assaults. One by holding him by the right hand and turning him around and the other by coming up against him and pushing him backwards with his stomach. The respondent's witness, Sidney Louisien also spoke of an assault. He said he saw when the appellant “gave the respondent ‘a gauchet’, meaning a chuck,” and he repeated this in cross-examination. The appellant denied these assaults. He said that he did riot touch the respondent, he did not hold his hand and twist him around, nor did he get in any contact with him. His witness, Nan Stanleo also said that he did not see the appellant touch the defendant or push him. As the matter was before the magistrate there was an acute conflict of evidence. The magistrate came to the conclusion that the respondent had established his case. He said in his reasons for decision:

“I do not believe the defence evidence that the defendant did not get into contact with the complainant. I find that the defendant deliberately got hold of the complainant's hand and had him to make an about turn. I also believe that the defendant was speaking rudely to the complainant and at the same time pressing his body against the complainant. In this case I find there was the holding and pushing of the complainant…. I find the defendant had physically assaulted the complainant and I accordingly found him guilty of the charge of assault.”

With those conclusions, I am in entire agreement, and as there was abundant evidence on which the magistrate could base his findings I would accordingly...