Langley v R

• Jurisdiction: Saint Kitts and Nevis
• Judge: Lewis, C.J.,Lewis, J.A.,Gordon, J.A.
• Judgment Date: 19 June 1967
• Neutral Citation: KN 1967 CA 3
• Docket Number: No. 1 of 1966
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 19 June 1967

West Indies Associated States Supreme Court. Court of Appeal

Lewis, C.J.,

Lewis, J.A.

Gordon, J.A.

No. 1 of 1966

Langley

and

R.

Criminal law - Murder — Appeal against conviction — circumstantial evidence.

Facts: The appellant was convicted of murder based essentially on circumstantial evidence. The co-accused was acquitted. The appellant contended that since there was no proof as to who dealt the fatal blow he was entitled, like his co-defendant, to acquittal.

Held: That there was no common design between the appellant and the co-defendant that there was enough evidence to support the finding of the jury that the violence was the result of individual action and that the appellant along was the guilty party — Appeal dismissed.

JUDGMENT OF THE COURT:

1 On an indictment for the murder of Alwyn Wyatt also known as Bobby, on the 21st November, 1965, Hayden Langley the appellant, a motor launch captain, was found guilty by a jury, and sentenced to death on the 13th October, 1966, by the trial judge.

2 The appellant appealed against this conviction and sentence, and having heard the arguments of his counsel on the 16th June 1967, this Court dismissed the appeal.

3 The court now gives its reasons for this dismissal:

4 On the 21st November 1965, the motor launch “Sea Rover” owned by one Daniel Borate was chartered by a Dr. Herbert to take a party to a local bay known as Grape Tree Bottom. The appellant was the captain of the launch, and his crew of two were Alwyn Wyatt alias Bobby, now deceased, and Samuel Bowrin.

5 Some time earlier that morning and before the launch was due to leave on the trip, an altercation arose on the waterfront between the appellant and two men, Brookes and Lanns, in the presence of Bobby, when Brookes and Lanns declined to drink water the appellant, and a certain amount of bantering was exchanged between them. The appellant apparently became so annoyed when Bobby joined in the laughter provoked by ridicule leveled at the appellant by these two men, that the appellant said to Bobby “This may be your last morning”. Brookes then drew Bobby's attention to the threat and suggested that he should not go anywhere with the appellant. Bobby on his part dismissed the warning saying the appellant was only joking and that he could do him nothing.

6 It was some time after this incident that the launch left for Grape Tree Bottom. Apart from Dr. Herbert's party, and the ship's crew of three (including the appellant) there was one Alfred Hassell, a stranger from Saba, whom the appellant said he was taking on the trip to see the place, and contrary to the specific instruction of the owner, three women, Georgette Skeete, Eulalie Brown and Albertha Griffin.

7 Having landed Dr. Herbert's party at Grape Tree Bottom, the appellant took the launch with his party over to Salt Pond in a nearby bay, Whitehouse Bay, where he had promised the owner that he would have the ship's bottom scrubbed.

8 A considerable time after their arrival at Salt Pond was spent by the appellant and his crew in drinking and other amusement, which entailed the men pairing off with the women. Hassell never left the ship that duty because as he said he could not swim.

9 During the afternoon, the appellant and the deceased who was then wearing a yellow driving mask and a pair of bathing trunks, scrubbed one side of the launch and turned the boat around in order to scrub the other side.

10 Bobby made fast the bowline of the boat to the pier in preparation for the scrubbing of the other side. It was at this time between 2.00 to 3.00 p.m. that Bowrin and a women Albertina left the vicinity for a house 50 yards away, near to a breadfruit tree, and it was the last time he saw Bobby alive. On board the ship at the time were the appellant, Hassell and the two women. Bobby was then some where between the pier and the ship presumably making preparations for the scrubbing of the other side of the launch.

11 Returning to the scene half an hour later, Bowrin saw the launch out to sea (a distance estimated by one witness at 500 to 600 yards, and another at 40 to 50 yards), and being steered by the appellant who returned to the pier after he had been hailed. Bowrin, Albertha, and two other men, Lake and Roach were all at the pier when the launch returned dangling a...