Afolphus v R

• Jurisdiction: Belize
• Court: Court of Appeal (Belize)
• Judge: Bourke, P.,Archer, J.A.,Hogan, J.A.
• Judgment Date: 01 June 1970
• Neutral Citation: BZ 1970 CA 1
• Docket Number: Criminal Appeal No. 1 of 1970
• Date: 01 June 1970

Court of Appeal

Bourke, P.; Archer, J.A.; Hogan, J.A.

Criminal Appeal No. 1 of 1970

Afolphus

and

Regina

Criminal law - Incest — Appeal against conviction and sentence

Facts: The Appellant was convicted of the charge of incest and sentenced to 10 years hard labour. There was no evidence of violence or injury to the young girl of 10 years

Held: The sentence was manifestly excessive and would be reduced to 5 years. The maximum sentence for offence of incest between father and young daughter is same in the United Kingdom as in British Honduras.

JUDGMENT:

1 We are not satisfied that the verdict was unreasonable having regard to the evidence and we find no substance in this ground of appeal. As to the allegation of misdirection we do not find any ground for complaint has been made out. The summing up was adequate and fair. Had there been a misdirection as alleged through the additional ground of appeal admitted at the outset of the hearing, we may say that we would not have hesitated to apply the proviso to s. 31(1) of...