Davis v Chief of Police

• Jurisdiction: Saint Kitts and Nevis
• Judge: Davis C. J.
• Judgment Date: 26 April 1976
• Neutral Citation: KN 1976 CA 4
• Docket Number: Magistrate Appeal No. 2 of 1975
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 26 April 1976

Court of Appeal

Davis. J.

Magistrate Appeal No. 2 of 1975

Davis

and

Chief of Police

Appearances:

B. Walwyn for appellant

Director of Public Prosecution for respondent

Criminal law - Appeal against Conviction for smuggling — No evidence to support the conviction

Davis C. J.

1 The appellant was charged before the Magistrate for District “C” with the offence of being concerned in smuggling of goods, to wit: one Evinrude Outboard Motor, contrary to s. 95 of the Trade and Revenue Ordinance, Chapter 258 of the Revised Edition 1961 of the Laws of St. Christopher, Nevis and Anguilla. He was convicted and fined $100.00 to be paid in two (2) months and in default to be imprisoned for three (3) months. The Magistrate also declared a forfeiture of the Outboard Motor. He has appealed against this conviction.

2 The evidence led in support of the charge was that the M.V. “Anna Maria” entered the Charlestown Roadstead on the 18 ^th day of March 1974 with general cargo f or that port, and among the cargo listed on the, boat's Cargo Manifest, was one carton consigned to the appellant. According to the appellant, he received a message from the captain of the vessel to, the effect that his son, Roland Davis, in St. Thomas had given him — the captain — something to give to him and it is in his — the captain's — care. The cargo was discharged from the vessel, and according to the witness, Richardson, this was completed about 2.00 p.m. on that day. For some reason, which is not clear from the evidence, the carton consigned to the appellant, was not discharged along with the other cargo. The appellant went to the Charlestown pier about 5.00 p.m. in search of the Captain, St. Clair Caines. He waited for about 2 hours until Caines returned to the pier. Upon Caines' return, Caines and two other members of the crew lifted the carton from the vessel on to the pier. Soon after this, Vincent Spooner, a sergeant of Police, who deposed that he was in ambush, appeared on the scene, and challenged the captain about his, having landed the carton without the permission of the Custom's officer. Spooner looked into the carton and saw that it contained an outboard engine. Caines then left and returned with the appellant, who claimed ownership of the engine. Spooner then said it was against the law to land goods after hours without the permission of the Custom's officer and that he would seize the engine.

3 I should mention here two...