Brown v Swift

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Jones, J.
• Judgment Date: 03 March 1980
• Docket Number: Inferior Court Appeal No. 18 of 1978
• Date: 03 March 1980

Supreme Court

Jones, J.

Inferior Court Appeal No. 18 of 1978

Brown

and

Swift

Mr. Godfrey for the plaintiff

Mr. Elrington for the defendant

Criminal law - Appeal against conviction for stealing — Appeal dismissed — Trial judge had sufficient evidence on which he could convict the appellant.

Jones, J.

1 The appellant was convicted by the Chief Magistrate of the Belize Judicial District on the 9th October 1978 of stealing contrary to Section 155 (c). An appeal was lodged against the conviction on the 29th November, 1978 on the grounds that the verdict was unreasonable and could not be supported having regard to the evidence.

2 What happened here was that a watchman (Mr. Lloyd Myvett) was on duty on the night of the 6th – 7th June, 1978; when at about 3 a.m. as he was leaning on a car in New Road he fell asleep with his shotgun resting on the bonnet of the car on which he was leaning. He awoke 15-20 minutes later and found that the shotgun had gone. Mr. Myvett immediately went to the police station and made a report; whilst he was making the report a gun was brought into the police station which he identified as his gun, this being done in the presence of the appellant.

3 It transpired that Mr. Apolonio whilst walking home from work at 3:15 a. m. on the 7th June, 1978 had seen the appellant (whom he knew by sight) coming out of Hyde's Lane with a 16 gauge shotgun in his right hand. He later saw the appellant at a girl's house some 50 yards from his own house and Mr. Apolonio kept watch at his gate and later saw the appellant put his hand through broken glass, loosen a catch by the window, open it, and enter the house. As a result of what...