Johnny v Cadet

• Jurisdiction: St Lucia
• Judge: Lewis, J.A.
• Judgment Date: 10 March 1972
• Neutral Citation: LC 1972 CA 3
• Date: 10 March 1972
• Court: Court of Appeal (Saint Lucia)
• Docket Number: Magistrate's Criminal Appeal No. 7 of 1971

Court of Appeal

Lewis, C.J., Cecil Lewis, J.A., St. Bernard, J.A.

Magistrate's Criminal Appeal No. 7 of 1971

Johnny

and

Cadet

I. D'Auvergne for the appellant.

The respondent was not represented and did not appear.

Criminal law - Appeals against conviction — Assault — Appeal dismissed — Evidence supported the charge.

Lewis, J.A.

1 The appellant was convicted on the 21st October, 1971 of assaulting the respondent. She was fined $20 payable in one month and in default of payment was ordered to undergo one month's imprisonment. The evidence discloses that the appellant and the respondent lived in Block U in the Government Housing Estate in the city of Castries. The appellant lives on the ground floor and the respondent on the floor above. The respondent's evidence is that she saw the appellant about 5 p.m. on June 3rd, 1971 and as she approached her on her way to her apartment the appellant “burst in ridiculous laughter” (to use her own words) and used insulting language to her. This occurred when the appellant was by her porch. She ignored the appellant and went on her way. About half an hour afterwards she came back downstairs and, as she left her staircase, the appellant came up to her and said “gardez, you Salop,” and thereupon hit her on her cheek with her closed fist. As a result of the blow her face became swollen. The next morning she went to Doctor Monrose and showed him the bump on her face and obtained a certificate from him.

2 The appellant denied the alleged assault. Her story was that on the day in question, the respondent came up to her, pointed her hand in her face and used insulting language to her. At the time when she put her hand in her face the respondent was very close to her and as she was not pleased with this she pushed away the respondent's hand. She did so on three occasions. The appellant called as a witness, one Alfred Hinkson, her common law husband. Under cross-examination he said that he did not see the appellant near the respondent's face nor did she push her finger in her face. The appellant also called another witness, one Frances Gibson, who said she heard voices outside her apartment. She came out and found the two women standing near to each other quarrelling but she did not see the appellant slap the respondent.

3 Counsel for the appellant submitted that the respondent alleged that she was boxed in her face by the appellant whereas, it was put to the appellant, in...