Williams v R

• Jurisdiction: St Lucia
• Judge: Lewis, C.J.
• Judgment Date: 04 May 1971
• Neutral Citation: LC 1971 CA 5
• Docket Number: Criminal Appeal No. 3 of 1971
• Court: Court of Appeal (Saint Lucia)
• Date: 04 May 1971

Court of Appeal

Lewis, C.J., Lewis, J.A., Davis, J.A. (Ag.)

Criminal Appeal No. 3 of 1971

Williams

and

R.

Appearances:

Appellant in person.

L. A. Williams for the respondent.

Criminal law - Appeal against conviction of housebreaking and stealing — Doctrine of recent possession

Lewis, C.J.

1 The appellant was convicted on the 9th February, 1971, on two counts of housebreaking and stealing, the subject matter of the counts being a number of articles stolen from a dry goods store of one Marwan Cheriki on the 10th July, 1970. The evidence against him consisted mainly of the fact that he was found to have sold a number of items, including a pair of plaid trousers, which Cheriki claimed to be his personal property that he had left in the shop which was broken into that night.

2 The appellant gave an explanation as to how he came by these items. He said that they were really in the possession of one Jane Snyder at whose house he was staying, and that she owed him some money and he took these items and sold them in order to recover his money.

3 The case against the appellant was therefore based on the doctrine of recent possession. The learned trial judge unfortunately did not tell the jury, as he ought to have done, that if the explanation given by the accused left them in doubt then they ought to acquit him. Learned Crown Counsel has told the court that he is satisfied that in these circumstances the conviction cannot stand. The court had earlier granted him leave to appeal and was prepared to assign counsel, but in view of what counsel has said, does not find it necessary to adjourn the matter.

The appeal is allowed, the conviction quashed and the sentence set aside.