Henry v R

• Jurisdiction: Belize
• Court: Court of Appeal (Belize)
• Judge: Hogan, P.,Inniss, J.A.,Georges, J.A.
• Judgment Date: 03 March 1975
• Neutral Citation: BZ 1975 CA 1
• Docket Number: Criminal Appeal No. 8 of 1974
• Date: 03 March 1975

Court of Appeal

Hogan, P.; Inniss, J.A.; Georges, J.A.

Criminal Appeal No. 8 of 1974

Henry

and

Regina

Criminal Law - Appeal against conviction — Causing grievous harm

Practice and Procedure - Trial by jury — directions to jury — Alternative Verdict

Facts: Appeal against conviction and sentence — Whether a person who is found not guilty on a charge of dangerous harm contrary to Section 76 of the Criminal Code, may be found guilty of the alternative offence of grievous harm even although it was not charged in the indictment

Facts: Alternative verdict of grievous harm by jury — Offence not stated on indictment — Alternative verdict not authorised by law — Power of Court of Appeal acting under Section 32(2) Court of Appeal Ordinance No. 18 of 1967 to substitute a judgment of guilty of intentionally and unlawfully causing a wound for the verdict of intentionally and unlawfully causing grievous harm

Held: The alternative verdict was not authorised by law. Substitution of judgment of guilty of intentionally and unlawfully causing grievous harm in accordance with Section 32 (2) Court of Appeal Ordinance.

Held: Sentence of two years imprisonment substituted for sentence of five years imprisonment.

JUDGEMENT OF THE COURT:

1 The appellant who appeared in person before this Court was charged on the indictment with one offence only — Dangerous Harm contrary to Section 76 of the Criminal Code.

2 The jury found him not guilty of that offence but guilty of grievous harm, having been directed that the law allowed conviction for the latter offence as an alternative to that of dangerous harm, even although it was not charged in the indictment. The appellant was thereupon sentenced to 5 years imprisonment.

3 Against his conviction and sentence he now appeals.

4 His main contention is that he was not properly convicted of grievous harm when he was charged only with dangerous harm, although his argument was not directed to the effect of Section 136 of the Indictable Procedure Ordinance, Chapter 22 of the Laws of Belize.

5 In our view, and the learned Director of Public Prosecutions conceded that it is correct, the provisions of this section, are specifically applicable to charges of dangerous harm and to cases such as the present one, in which it is alleged that the accused cut, stabbed,… or wounded any other person. The section is in the following terms, so far as is relevant to this case–

“136. Upon an...