Bradshaw v R

• Jurisdiction: Saint Kitts and Nevis
• Judge: Peterkin, J.A.
• Judgment Date: 28 April 1976
• Neutral Citation: KN 1976 CA 2
• Docket Number: No. 1 of 1979
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 28 April 1976

Court of Appeal

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

No. 1 of 1979

Bradshaw

and

R.

Appearances:

Mrs. M Moore for the appellant

Director of Public Prosecution (Odel Adams) for respondent

Criminal law - Appeal against Conviction — Smuggling goods.

Facts: The appellant was charged with smuggling goods contrary to section 95 of the Trade and Revenue Ordinance, cap. 258. The appellant was caught by a policeman when he and the captain of the boat in question were about to land cargo after hours without permission from custom officers. Whether this action constituted an attempt to defraud the revenue.

Held: That the intention on the part of a person to defraud the revenue in these could not be easily proved, since the cargo was still in the bonded area when the policeman made his appearance. At most the circumstances amounted to suspicion. Appeal allowed.

Peterkin, J.A.

1 The appellant was convicted on 23 ^rd January 1976, of the murder of Edward Hughes, and sentenced to death by hanging. He now appeals against his conviction on the following grounds:–

1

The learned trial Judge failed to direct the jury sufficiently on the law relating to provocation. 2. The verdict of the jury is unreasonable having regard to the evidence. 3. The verdict of the jury cannot be supported having regard to the evidence. 4. The statements — “Ah me do it, I stab him”, “Coho you know what you do?” “Yes, he fucking me up too long”, and “You ain't going to see me again, “I just kill Cabby” were wrongly admitted in evidence and were prejudicial to the accused. 5. The learned trial Judge misdirected the jury on the law relating to self-defence in that he postulated the test to be that of a reasonable man.

2 The facts and circumstances indicate that on 18 ^th December 1975, at St. Paul's village the appellant and Edward Hughes, the deceased, were playing dice when an argument arose over the stake money of 25 cents. The appellant moved away, taking up the dice and money, and at the same time handing back 10cents to the deceased. The deceased threw it down, claming that the 25 cents belonged to him. He then held the appellant by the shirt. The appellant took out a knife from his pocket, and, opening it, made a stab at the deceased which missed him. They were separated, and the appellant closed the knife and replaced it in his pocket. He then gave the dice to one of the bystanders. The deceased who continued to demand the money and dice took away a dried date-palm stick about 3ft long and 1 ³/₄ins in diameter from one Wilson, a lad of 15 years, approached the appellant, and made a blow at him with it. Of the three witnesses who claimed to have witnessed the incident, two stated that the blow did not carry to the appellant. The third witness was not sure whether or not it had struck the appellant. They all stated, however, that at that stage the appellant took out his knife and stabbed the deceased, who fell to the ground and later died of the injury received. The appellant then left for the Police Station where he stated to Corporal Vasquez that he had stabbed the deceased.

3 Corporal Vasquez said in evidence that when he saw the appellant that day his lower lip appeared to be red and swollen. When seen by Sergeant Hanley about three hours later the appellant's lower lip was still swollen.

4 The appellant in his defence stated that he was struck on his mouth with the stick by the deceased. He further stated that the deceased had pursued him and struck him two further blows with the stick when he had fallen, and that it was at that stage that he had stabbed the deceased.

5 Grounds two and three were not argued in view of thesubmissions made under ground 1 which will be dealt with at a later stage.

6 Under ground four, Counsel referred the court to Cross on evidence 4th Edition, pages 24 to 27. Counsel conceded that the evidence was not objected to at the...