James v R

• Jurisdiction: St Lucia
• Judge: Gordon, C.J.
• Judgment Date: 24 September 1970
• Neutral Citation: LC 1970 CA 6
• Court: Court of Appeal (Saint Lucia)
• Date: 24 September 1970
• Docket Number: Criminal Appeal No. 1 of 1970

Court of Appeal

Gordon, C.J. (Ag.); Lewis, J.A.; St. Bernard, J.A. (Ag.)

Criminal Appeal No. 1 of 1970

James

and

R.

Appearances:

K.A.H. Foster for appellant.

L. A. Williams, Attorney General (Ag.) for respondent.

Criminal law - Use of firearm with intent unlawfully to wound — Question of justification of use of gun not addressed by judge — Fresh indictment to be preferred against the appellant.

1 Gordon, C.J. (Ag.): On the 18 ^th June 1970, the appellant was convicted by a jury on an indictment for using a firearm with intent unlawfully to wound Clifford Raphael contrary to section 151(b) of the Criminal Code of St. Lucia.

2 He was sentenced by the trial judge to two years hard labor and he now appeals from this conviction.

3 The brief facts which gave rise to this appeal are as follows:

4 On the night of the 7 ^th February 1970, a dance was in progress at the C.D.C. dancehall situate at La Croix Maingot in the Quarter of Castries, where according to the prosecution, Lawrence James the appellant tried to enter the dance hall without paying his admission fee. He was forcibly ejected Clifford Raphael and Joseph Sylvain the two persons who were collecting at the entrance. On being thrown out of the hall the appellant whipped out a gun from his pocket and shot Raphael in the thigh. According to the story of the defence as told by the appellant and a witness he and a friend Julien Alexander, had entered the dance hall after having paid their entrance fee. During the evening he danced, but on three occasions while he was dancing he stated that Raphael accosted him stating that he had not paid his entrance fee and on each of those occasions Sylvain had to remind him that the appellant had in fact paid to come in. On the third occasion the appellant remarked to his dancing partner – at the time one Doltrice — that he had betel leave as the organizers of the dance were too fond of money and wanted him to pay more than one entrance fee. He then decided to leave. On reaching the doorway, someone tripped him and as he fell down the steps to the ground outside, he was beaten and kicked to such an extent that he was unable to get up for sometime. When he did manage to get up he did not have full control of his senses. In the course of the beating which he received he sustained no less than six stab wounds and several kicks about the body. He however, recognized Raphael as one of his assailants. He neither had a gun nor did he hear one “go off” that evening. As a result of his injuries the...