Belle v The Queen

• Jurisdiction: Saint Kitts and Nevis
• Judge: Floissac, C.J.
• Judgment Date: 24 March 1992
• Neutral Citation: KN 1992 CA 2
• Docket Number: Criminal Appeal No. 1 of 1992
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 24 March 1992

Court of Appeal

Floissac, C.J.; Byron, J.A.; Joseph, J.A. (Ag.)

Criminal Appeal No. 1 of 1992

Belle

and

The Queen

Appearances:

Accused in person

Mr. Malcolm Holdip, DPP for the Respondent.

Criminal law - Appeal against conviction — Appellant pleaded guilty to burglary — Sentenced to five years imprisonment — Applicant had no previous convictions and was 18 years old at time of commission of offence — Whether sentence excessive — Sentence reduced to 2 years.

Floissac, C.J.

1 The appellant was changed with burglary of a dwelling house at Belle Vue in the Parish of St. John in the Island of Saint Christopher on the night of the 7th November, 1990, contrary to Section 27(a) of the Larceny Act Chapter 41 of the Revised edition 1961 of the Laws of Saint Christopher and Nevis. On the 20th January, 1992, before a Jury presided over by Singh, J., the appellant pleaded guilty of the offence charged and was sentenced to imprisonment for a term of 5 years. He appealed against his sentence.

In support of a reduction of the sentence, the appellant relied on the facts that -

• (1) he was out of work for six...