Beeks v R

• Jurisdiction: Belize
• Court: Court of Appeal (Belize)
• Judge: Blair-Kerr, P.
• Judgment Date: 29 October 1979
• Neutral Citation: BZ 1979 CA 13
• Docket Number: Criminal Appeal No. 10 of 1979
• Date: 29 October 1979

Court of Appeal

Blair-Kerr, P.; Inniss, J.A.; Georges, J.A.

Criminal Appeal No. 10 of 1979

Beeks

and

Regina

Criminal Law - Burglary — Appeal against conviction and sentence

Facts: Appellant literally caught red-handed

Held: Appeal dismissed — Leave to appeal against sentence refused.

Blair-Kerr, P.

1 The appellant was charged with burglary, the particulars of the charge that on 2nd January 1979 he broke into the home of a Mrs. Salas de Puga by night with intent to steal.

2 The jury found him guilty and upon conviction he was sentenced to 3 years imprisonment with hard labour. He now appeals against his conviction and sentence.

3 The building (No. 22 Barrack Road) in which Mrs. Salas de Puga and her brother, Rodrigo, live consists of 3 flats and they live in the ground floor flat.

4 On 22nd December 1978 she went away for a holiday to Benque Viejo, and her brother left for Benque Viejo on 31st December. He said in evidence that before leaving the flat he closed all doors and windows.

5 In 26 Barrack Road, which is near to 22 Barrack Road, there lives a gentleman named William Aguilar and two police officers — Sergeant Zetina and Constable Pou. At about 2 a.m. on 2nd January 1979, Aguilar was awakened by the sound of breaking glass which seemed to come from the direction of 22 Barrack Road. On looking towards this building, he noticed that some glass was missing from a window and he saw the outlines of a human head. He ran downstairs and told Sergeant Zetina that someone was in 22...