Isaac v Noel

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Bishop, J.
• Judgment Date: 10 December 1968
• Neutral Citation: LC 1968 HC 33
• Docket Number: Criminal Appeal No. 9 of 1968
• Date: 10 December 1968

West Indies Associated States Supreme Court. (High Court)

Lewis, C.J. and Bishop, J.

Criminal Appeal No. 9 of 1968

Isaac

and

Noel

Appearances:

C.A.M. Compton for appellant.

V.F. Floissac for respondent.

Criminal law - Appeal against sentence — Assault — The appellant beat the respondent surveyor while the surveyor was lawfully executing a lawful survey on the appellant's land. The appellant was convicted and fined $20 in 14 days or 1 month's imprisonment. On the question whether the sentence was excessive.

Held: The conviction should stand and the fine be set aside. The appellant was reprimanded and discharged.

Bishop, J.

1 Francis Noel, a land surveyor of Vieux-Fort complained in the Second District Court that Hugh Isaac on Wednesday 15 ^th May this year in Saltibus in the Quarter of Choiseul did assault and beat him while he was lawfully executing a lawful survey of the land contrary to section 114 of the Criminal Code. The learned magistrate convicted Isaac and fined him Twenty dollars in fourteen days or one month imprisonment.

2 Isaac appealed against the decision and in his reasons for appeal he relied on the statutory grounds under section 1118 of the Criminal Code, and he filed additional grounds.

3 Counsel for the appellant has agreed that the reasons for appeal...