George v Anslem

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Wills, J.
• Judgment Date: 22 May 1958
• Neutral Citation: LC 1958 HC 1
• Date: 22 May 1958

Supreme Court of the Windward Islands and Leeward Islands. (Appellate Jurisdiction)

Wills, J.

George

and

Anslem

Appearances:

J.G.M. Compton for appellant.

E.A. Heyliger, Crown attorney for respondent.

Criminal law - Appeal against sentence — Wounding.

Facts: Whether sentence was excessive. The appellant was convicted of wounding and was sentenced to four months imprisonment.

Held: In view of the fact that the wound was caused by a stone and that it was superficial, as well as taking the age and character of the appellant into consideration, the sentence would be reduced to twenty eight days.

Wills, J.

1 On 31st January 1958, the Magistrate of the First District Court sitting at Gros Islet convicted the appellant on two (2) charges of wounding and sentenced him to four (4) months imprisonment with hard labour on each charge. The sentences to run concurrently.

2 The appellant now appeals and relies on the General Statutory Grounds of Appeal as provided by Section 1118 of the Criminal Code.

3 The appeal was argued by counsel for appellant mainly on the ground “that the punishment was excessive”.

4 The cases were taken together and the evidence disclosed that the appellant was on familiar terms with the daughter of Rose Benoit and that on the 30th day of January 1958, Rose Benoit and her father R.C. Orillien Actie went to the home of the appellant for the purpose of seeing the girl. Whilst...