Robinson v R

• Jurisdiction: Belize
• Court: Court of Appeal (Belize)
• Judge: Bourke P.
• Judgment Date: 27 February 1974
• Neutral Citation: BZ 1974 CA 12
• Docket Number: Criminal Appeal No. 5 of 1973
• Date: 27 February 1974

Court of Appeal

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

Criminal Appeal No. 5 of 1973

Robinson

and

Regina

Criminal Law - Murder — Intention

Facts: Whether there are two ingredients affecting ‘intention’ inherent in the definition of murder, namely an intention to cause harm and an intention to cause death

Held: The intention to cause death encompasses the intention to cause harm — Appeal dismissed.

Bourke P.

1 William Robinson was found guilty of the murder of Antonio Aguilar and now appeals against his conviction. The deceased, Antonio Aguilar, was a policeman. On the evening of the 25th April, 1973, he was apparently on duty in the street close to Paslow Building in Belize City. In consequence of a report made to him he went the swing bridge where the appellant Robinson was pointed out to him. He went up to Robinson. When he drew close Robinson made a sudden thrust forward and plunged a knife into the unfortunate man's abdomen, thus causing his death. The nature of the injury inflicted indicated that considerable driving force had been employed

2 Shortly after perpetrating this outrage, Robinson was apprehended by police after a struggle. He had the knife in his hand and according to police testimony he deliberately dropped it in the river — from where it was later recovered; the appellant's version, given in the course of his unsworn statement from the dock, was that the “attack” of the three policemen throwing him against the railing of the bridge caused weapon to drop in the water.

3 Just prior to the inflicting of the fatal injury on P.C. Antonio Aguilar, Robinson been engaged in molesting a visiting American couple named Miss Anna Chaput and Mr. Timothy Henry. He had tried to take the woman's bag in Orange Street. Her companion went to the rescue and fought him off. In the course of the scuffle Robinson drew a knife. As a result the couple took to their heels. They were followed by Robinson who also ran. Coming close to the budge he took a short cut that would aid his pursuit. The couple crossed the bridge and went up to P.C. Antonio Aguilar to report the incident. They were followed in their approach to the deceased by two boys named Andrew Alvarez and John Conorquie. The former accompanied the policeman to the bridge and pointed out Robinson. On going forward to the latter, P.C. Antonio Aguilar met his death in the manner that has been stated.

4 The evidence went to show, and there is really not dispute about it, that at the time of these happenings the appellant was affected by some degree of intoxication caused by the taking of a drug, namely, a barbiturate, and some drink. Consequently the trial judge was, very properly, at considerable pains in the course of his summing up, having regard to section 24(4) and (5) of the Criminal Code, to direct the jury to, consider whether the appellant was affected to such an extent as that he had not formed or was incapable of forming the specific intent necessary to the offence, any reasonable doubt upon this issue to go to the benefit of the appellant.

5 The intention requisite to the offence of murder is the intention to cause death (section 110 Criminal Code — see also section 131 Indictable Procedure Ordinance). This was squarely put to the jury. It is a ground of appeal that — “there was no clear direction to the effect that there are two ingredients affecting ‘intention’ inherent in the definition of murder, namely an intention to cause harm and an intention to cause death”. Counsel stated that it was a fine point. It is certainly that and also novel. Murder involves intentionally causing...