Forde v Chief of Police

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Lewis, C.J.
• Judgment Date: 15 May 1969
• Neutral Citation: MS 1969 CA 3
• Docket Number: Criminal Appeal No. M1 of 1969
• Date: 15 May 1969

Forde

and

Chief of Police

Lewis, C.J. Gordon, J.A. Lewis, J.A.

Criminal Appeal No. M1 of 1969

West Indies Associated States Supreme Court. Court of Appeal

Criminal Law - Appeal against conviction and sentence — Unlawful wounding.

Held: Taking all the circumstances into consideration, the penalty of imprisonment was excessive. Court set aside that sentence and instead imposed a fine of $120 and in default three weeks imprisonment with hard labour. The compensation was set aside to the extent that the appellant was ordered to pay $120.

Facts: The appellant was convicted of unlawful wounding and was sentenced to 21 days imprisonment and ordered to pay compensation amounting to $300 in one month or in default suffer one month's imprisonment. The issue was whether the conviction should be set aside on the ground that justice did not appear manifestly to have been done.

Lewis, C.J.

1 The appellant was convicted on the 15 ^th April, 1969 of the offence of wounding, and the facts against him were briefly that he had on the 12 ^th April in Hanley Street struck one Peter Howson several blows with a bull pistle, wounding him. The medical evidence was that when Dr. Bishop saw Howson on the same day he was suffering from a contusion and abrasion running forward from the left ear and also an abrasion at the end of his nose. There was also a weal across the left chest wall. He was bleeding. There was no serious damage to the ear from the inside but the doctor was doubtful as to possible damage to the inner ear and thought that unless it was carefully looked after there might be infection.

2 The appellant was sentenced to 21 days imprisonment and was ordered to pay compensation amounting to $300 in one month or in default he was to suffer one month's imprisonment. He filed his appeal against conviction and sentence on the 17 ^th April and only one ground of appeal was put forward, that is, that he was not guilty of the offence. But yesterday when this appeal was called, the court was informed that that morning an affidavit had been filed in which it was alleged by the appellant that he had been misled by Assistant Superintendent Noel Stephens, who is now acting Chief of Police, into believing that the barrister, Mr. Weekes, who in fact appeared for the police at the trial, was going to appear for him. This affidavit was sworn to on the 21 ^st April but was not served on the Attorney General or the police until yesterday. The Court deplores, as it has said more than once, attempts to take the other party or to take this court by...