Anthony v Commissioner of Police

• Jurisdiction: Barbados
• Judge: Williams, J.,Hanschell, J.A.
• Judgment Date: 10 May 1974
• Court: Divisional Court (Barbados)
• Docket Number: No. 96 of 1973
• Date: 10 May 1974

Supreme Court — Divisional Court

Williams, J.; Hanschell, J.A.

No. 96 of 1973

Anthony

and

Commissioner of Police

Appearances:

H. deB. Forde and L. Bethel for the appellant.

E. Belgrave, S.C.C., for the respondent.

Criminal Law - Appeal against conviction — Possession of Dangerous Drugs.

Facts: The issue was whether vegetable matter possessed by the appellant was indian hemp within the definition contained in the Dangerous Drugs Act, 1936, s. 2.

Held: On the evidence, the burden of establishing beyond reasonable doubt that the substance was from the pistillate plant cannabis sativa L had not been discharged. Appeal allowed.

JUDGMENT OF THE COURT:

1 On January 30, 1973, the appellant was convicted by a magistrate sitting in Bridgetown of the unlawful possession on October 11, 1972, of a quantity of Indian hemp. He was fined $960 payable in seven days or three months' imprisonment.

2 The evidence for the prosecution disclosed that two police officers of the Criminal Investigation Department, Corporal Bourne and Police Constable Goodridge, went to Club Alexandra, Bishop's Court Hill, in the early morning hours of October 11, 1972. Acting on information they approached the appellant who was standing in a corridor and made their identity known, to him. P.C. Goodridge told him that he suspected that he (the appellant) had dangerous drugs in his possession and that it was his intention to search him. The appellant was asked if he had any objection to being searched and said that he did not. A search was carried out of a long strap bag which the appellant had on his shoulder and a match box with some vegetable matter was found in it. Goodridge told the appellant that he suspected the substance to be Indian hemp, told him it was an offence to have Indian hemp in one's possession, asked him how he came to be in possession of it and cautioned him. The appellant said that the bag was left unattended while he was dancing and that anyone could have put the box in the bag.

3 Dr. Sue Ho, Government Analyst, testified that he received from Goodridge a sealed envelope containing a match box. In this was a vegetable substance. This vegetable matter consisted of stalk and leaves of the plant Cannabis sativa L from which the resin had not been extracted. It also contained detached fruits of the pistillate plant Cannabis sativa L and a piece of fruiting top of the pistillate plant Cannabis sativa L from which the resin had not been extracted.

4 The appellant gave evidence denying knowledge of the match box being in his bag. He spoke of dancing and of having left the bag with one of his friends when he had gone off to dance. On his return the bag was there unattended, none of his friends were there. They had gone off leaving the bag. People were all around. He picked up the bag and put it on his shoulder without searching it. He spoke of having another dance, this time with the bag on his shoulder, and going to the toilet afterwards at which time he was approached by the police.

5 One of the companions, Victoria Weekes, gave evidence supporting his story that he had gone off to dance without the bag. She spoke of the appellant asking her to keep the bag for him, of her going off to dance leaving the bag on the table, of many people being present on the spot where the bag was left, and of the bag not being there when she came back from dancing. She saw the appellant on the dance floor with it. A period of about 15 to 20 minutes had elapsed between her leaving the bag on the table and her seeing the appellant with it.

6 This is the way the magistrate dealt with the matter:

“The court found the following facts on the evidence. On 11th October, 1972 around 1.20 a.m. the accused was standing in the corridor in Alexandra Club, Bishops Court, St. Michael, P.C. 22 Goodridge and Corporal Bourne approached, the accused, requested to search him. He did not object. P.C. Goodridge searched the long strap shoulder bag in which the accused kept his personal stuff and which the accused had on his shoulder and found a match box containing a vegetable substance. The accused when asked how he came in possession of it said under caution that his bag was left unattended...