Clarke v The Queen

• Jurisdiction: Saint Kitts and Nevis
• Judge: Floissac, C.J.
• Judgment Date: 25 March 1992
• Neutral Citation: KN 1992 CA 5
• Docket Number: Crim. Appeal No. 1 of 1992
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 25 March 1992

Court of Appeal

Floissac, C.J. Byron, J.A., Matthew, J.A. (Ag.)

Crim. Appeal No. 1 of 1992

Clarke

and

The Queen

Appearances:

Dr. Henry Browne for the appellant

Mr. Malcolm Holdip for the respondent

Criminal law - Sentences — Appeal against sentence — Appellant convicted of housebreaking and sentenced to five years imprisonment — Whether sentence excessive.

Floissac, C.J.

1 The appellant was charged with Housebreaking and Larceny contrary to section 28 (a) of the Larceny Act, Chapter 41 of the Revised Edition 1961 of the Laws of Saint Christopher and Nevis. The change was that between the 9th – 10th February, 1991 at Bird Rock in the Parish of St. George in the Island of Francisco Jong and stole two bales of Rice and two boxes of chicken legs.

2 On the 17th September, 1991, after a trial by a Jury presided over by Sigh J., the appellant was convicted of the offence changed and was sentenced to imprisonment for a term of 5 years. He appealed against his conviction and sentence.

3 With regard to the conviction, counsel for the appellant submitted that the learned trial judge erred in law in failing, at the close of the case for the Prosecution, to direct the jury to return a formal verdict of not guilty on the ground that there was insufficient evidence of the offence change to...