Belgrave v Commissioner of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Douglas, C.J,Ward, J.
• Judgment Date: 31 October 1975
• Docket Number: No. 48 of 1975
• Date: 31 October 1975

Divisional Court

Douglas, C.J; Ward, J.

No. 48 of 1975

Belgrave

and

Commissioner of Police

Appearances:

Mr. Ezra Alleyne for appellant

Mr. H. Nelson for the respondent

Criminal Law - Appeal against conviction — Possession of firearms.

Facts: The appellant was convicted of possession of firearms without a licence under the Firearms Act — The appellant denied any knowledge of the presence of the gun which was found in a bureau drawer which contained male clothing — The magistrate rejected the appellant's evidence — Whether the magistrate addressed his mind to the mental element ‘in possession’.

Held: The magistrate's decision was supported by the evidence.

JUDGEMENT:

1 This is an appeal from conviction by a Magistrate on a charge of being in possession of a firearm without a licence.

2 On the 25th July, 1974 Corporal Broome and other policemen executed a search warrant at the home of the appellant. That warrant authorised them to search for firearms. In a bureau drawer in a bedroom, under-items of male clothing, the police found a .22 revolver, loaded with seven rounds of ammunition. On being asked whether he was the holder of a licence to keep a firearm, the appellant said — “I don't know how that gun got in there. I have never seen it before.”

3 Inspector Mervyn Holder, who has had specialised training in the study of firearms, in his evidence gave the opinion that the revolver was in fact a firearm within the meaning of the Firearms Act.

4 The defence was that the appellant, his wife and three children were living at that house. On the 25th July, his wife left the matrimonial home, there having been a dispute between the appellant and his wife. The appellant said that he was away from home during the morning and that when he got back, the house was open and empty.

5 The Magistrate held that, contrary to the appellant's evidence, the drawer contained his clothing only, and none of his wife's. The court below did not believe his denial of knowledge of the presence of the loaded revolver in the drawer.

6 Mr. Alleyne submits that the learned Magistrate did not address his mind to the mental element in the offence of possession. Reference to the Statement of Reasons for Decision, however, shows that the Magistrate said — “The court … disbelieves his [The appellant's] denial of knowledge of the presence of the loaded gun.” However, that may be, it is for this court to review the evidence before the learned Magistrate and to say whether there was material before him...