Philbert v The Queen

JurisdictionSt Lucia
JudgeGordon, C.J.
Judgment Date23 January 1958
Neutral CitationLC 1958 CA 1
CourtCourt of Appeal (Saint Lucia)
Date23 January 1958

Supreme Court of the Windward Islands and Leeward Islands. Court of Appeal. Criminal Jurisdiction

Gordon, C.J. (Ag.)

Taylor, J.

Philbert
and
The Queen
Appearances:

Mr. H.J. Francois for the appellant.

Mr. E.A. Heyliger, Crown attorney for the respondent.

Criminal law - Appeal against sentence — Manslaughter.

Facts: The issue was whether the sentence was excessive. The appellant was convicted of manslaughter and sentenced to twenty one years imprisonment.

Held: In view of the circumstances that a stone was the cause of death and that this was not normally a lethal weapon, the sentence would be reduced to 14 years imprisonment.

1

Gordon, C.J. (ACTING): On the 4th October 1957, the appellant was convicted on his plea of guilty to a charge of manslaughter and sentenced to 21 years imprisonment with hard labour.

2

Leave to appeal against sentence on the ground that the sentence is excessive in all the circumstances of the case, was refused by the learned trial judge on the 22nd October 1957. The appellant now appeals against his refusal.

3

Counsel for the appellant was invited to argue his appeal as fully as if leave to appeal had been granted, and in support of his appeal against sentence argued the following grounds: –

  • (a) that the sentence of 21 years imprisonment was manifestly excessive, and

  • (b) that it was wrong in principle.

4

As to ground (b) counsel advanced no argument in support, but stressed that having regard to all the circumstances as revealed by the record, and the usual objects of punishment that the sentence was excessive.

5

Briefly the facts of the case are:

6

On the 21st July 1957 Josephat Williams Robert Sylvin alias Lestrade, the appellant and others were in a Rum Shop at Barre-de-Chaussee. Williams bought some rum, which he evidently proposed to share with his friends. Appellant seized the rum and drank it all. Lestrade remonstrated with him and a fight ensued between them. The deceased a Rural Constable intervened pushed Lestrade aside and turned towards the appellant. The appellant picked up a stone threw it in the direction of Lestrade and deceased, and struck the deceased on the chest. The deceased was taken to hospital where he died three days later.

7

We are satisfied from the circumstances of this case that the offence warrants a severe sentence. Where a court comes to the conclusion that an accused is not repentant or does not realise the enormity of...

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