Hyde v Willoughby

• Jurisdiction: Belize
• Court: Court of Appeal (Belize)
• Judge: Malone, C.J.
• Judgment Date: 27 May 1974
• Neutral Citation: BZ 1974 CA 18
• Docket Number: Criminal Appeal
• Date: 27 May 1974

Court of Appeal

Malone, C.J.

Criminal Appeal

Hyde

and

Willoughby

Mr. D. E. G Malone, Chief Justice

Mr. D. R. Lindo for the Appellant

Mr. E. Flowers for the Respondent

Statute - Definition — Possession

Criminal Law - Possession of unlicensed firearm and ammunitions

Criminal Law - Firearm — Possession of firearm without licence

Evidence - Expert evidence — Possession of unlicensed firearm and ammunition

Facts: Definition of word “Ammunition” in Section 2(1) Firearms Ordinance, Chapter 171 enlarged to include a variety of substances more properly described as explosives — Whether articles produced before magistrate within definition of ammunition — Such articles variously described as bullets, rounds, and ammunition of.25, 6.35, 7.65 calibre and.38 special

Facts: Firearm defined in Section 2(2) Firearm Ordinance, Chapter 171 — Definition enlarged to include weapons from which missiles could be discharged otherwise than by means of an explosive — No evidence offered by prosecution that article produced was capable of discharging a missile

Facts: Appellant convicted of keeping firearm and of keeping ammunition without being the holder of a gun licence contrary to provisions of Section 3(1) of Firearms Ordinance, Chapter 171 — Whether evidence before court sufficient for magistrate to find that the articles produced were respectively a firearm and ammunition in the ordinary accepted sense of those words — Finding that definition of words “Firearm and Ammunition” in ordinance was conclusive for the purpose of the ordinance — No evidence before court to show that article produced as a firearm was a firearm as contemplated by the Ordinance

Facts: Whether fact that magistrate saw the article produced as a firearm was sufficient to prove that the article was capable of discharging a missile — Whether inspection by magistrate was sufficient to exclude the need for the evidence of an expert

Held: An article may be ammunition for the purposes of the Ordinance although not designed for or incapable of discharge from a firearm in the ordinary popular sense of the word — Conviction Affirmed — Appeal dismissed.

Held: Fact article seen by magistrate immaterial — Need to present evidence of an expert — Conviction quashed.

Held: An article may be ammunition for the purposes of the ordinance although not designed for or incapable of discharge from a firearm in the ordinary popular sense of the word — Conviction on charge of keeping unlicensed firearm quashed — Conviction on charge of keeping ammunition without a gun licence confirmed — Appeal allowed in part.

Held: Appeal allowed — Conviction quashed.

JUDGMENT:

1 The appellant was on the 19th of May, 1972, convicted of keeping an unlicensed firearm and of keeping ammunition without being the holder of a gun licence contrary to the provisions of section 3(1) of the Firearms Ordinance, Chapter 171 (thereinafter referred to as “the Ordinance”).

2 On this appeal it has been submitted by counsel for the appellant that there was no evidence to support the learned Magistrate's finding that the articles found in the appellant's premises and produced as exhibits at the trial were firearms and ammunition as defined in section 2(1) of the Ordinance.

3 In section 2(1) of the Ordinance “ammunition” and “firearms” are respectively defined as follows:

““ammunition” includes gun powder, nitro-glycerine, dynamite, gun cotton and every other explosive substance whether fitted for use with any firearms or otherwise but except as hereinafter provided shall not include unloaded brass or paper shells or cartridges, primers and wads not suitable for use in rifled guns:

“firearms” includes a weapon of any description from which any shot, bullet or missile can be discharged but does not include a toy gun or a toy pistol.”

4 In section 2(2) of the Ordinance for the purpose of avoiding any difficulty that arise when determining whether or not a particular thing should be classified as a firearm or ammunition as defined in section 2(1) of the Ordinance, provision is made that: “(2) In interpreting the Ordinance, any firearm or kind of ammunition not clearly within the exception shall be deemed to be included in the definition.”

5 The definitions, it will be noticed, take the form of saying that the words defined ‘include’ certain matters which follow and do not include certain other matters. It submitted by counsel for the Crown, in particular as regards to definition of ammunition”, that the draftsman used the word ‘includes’ to enlarge the ordinary meaning of the word defined. That view was shared by the learned Magistrate. Support for that construction can be found in Lord Watson's Judgment in Dilworth and Others v. Commissioner of Stamps, Dilworth and Others v. Commissioner of Land and Income Tax (1899) L.R.A.C. 99 in which at pp. 105–106 he said:

“the word ‘include’ is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute; and when it is so used these words or phrases must be construed as comprehending not only such things as they signify according to their natural import, but also those things which the interpretation clause declares that they shall include.”

6 Lord Watson however, went on to add:

“But the word ‘include’ is susceptible to another construction which may become imperative if the context of the Act is sufficient to show that it was not merely employed for the purpose of adding to the natural significance of the words or expressions to be found. It may be equivalent to ‘mean and include’, and in that case it may afford an exhaustive explanation of the meaning which for the purpose of the Act must invariably be attached to these words or expressions.”

7 In its ordinary and popular natural sense “ammunition” comprises: “powder, shot, shell, and in extension offensive missiles generally.” (See Volume I of the Shorter Oxford English Dictionary). A firearm is described by that dictionary as: “a weapon from which missiles are propelled by an explosive as for example, gun powder.”

8 The definition of “ammunition” in the Ordinance to my mind enlarges the ordinary meaning of that word as it includes a variety of substances which might more properly be described as explosives. Likewise to my mind, the definition of “firearms” in the Ordinance also enlarges upon the ordinary...