William v The Crown

• Jurisdiction: St Lucia
• Judge: Wills, J.
• Judgment Date: 28 October 1958
• Neutral Citation: LC 1958 CA 2
• Docket Number: No. 1 of 1958
• Court: Court of Appeal (Saint Lucia)
• Date: 28 October 1958

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

Wills, J.

No. 1 of 1958

William

and

The Crown

Appearances:

Mr. Mason for appellant.

Mr. N.A. Berridge, Crown attorney for respondent.

Criminal law - Appeal against conviction — Murder.

Facts: The issue was whether the appellant was required to obtain leave of the court in order to appeal against his conviction.

Held: As a convicted person, the appellant had a right of appeal on any question of law and it followed that the court could not grant leave to appeal as the appellant had the right in law to appeal. Application struck out.

Wills, J.

1 The appellant was convicted and sentenced on the 9th day of October, 1958, for having murdered Clemencia Gustave on the 11th day of May, 1958.

2 On the 15th day of October 1958, the appellant lodged an application to this Court for leave to appeal against conviction.

3 The application contained the following grounds:

• (1) That the learned trial judge erred in law in that he failed to direct the jury that for the purpose of defending himself against dangerous or grievous harm the accused was entitled to use necessary force or harm extending in case of extreme necessity even to killing.

• (2) That the learned trial judge erred in that he failed to direct the jury to consider whether at the time when the accused struck the blow which caused the death of the deceased he was in danger of grievous harm to himself from the deceased and whether the force used by the accused was necessary for the purpose of defending himself against such harm.

• (3) That the defence in so far as it related to self-defence was not adequately but to the jury.

4 The application before the court raises a rather intriguing point.

5 It is provided by law that a person convicted on indictment may appeal: –

• (a) on any ground which involves a question of law alone;

• (b) with leave of the Court of Appeal or upon the certificate of the judge who tried him that it is a fit case for appeal on any ground which involves a question of fact alone or a question of mixed law and fact or any other ground which appears to the court or judge to be a sufficient ground of appeal;

• (c) with leave of the court against sentence unless the sentence is one fixed by law,

6 The grounds set out by the appellant in this application for leave to appeal and numbered 1, 2 and 3 respectively are all questions of law, and...