Belle v Commissioner of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Douglas, C.J.,Williams, J.
• Judgment Date: 30 March 1972
• Docket Number: No. 17 of 1971
• Date: 30 March 1972

Divisional Court

Douglas, C.J.; Williams, J.

No. 17 of 1971

Belle

and

Commissioner of Police

Appearances:

H.B. St. John, Q.C., and Dr. R. Cheltenham for the appellant.

E. Belgrave for the respondent.

Criminal Law - Appeal against conviction — Unlawful possession.

Facts: The appellant was convicted of having in his possession a quantity of indian hemp without licence or authority contrary to Reg. 4 of the Raw Opium Regulations, 1952 — The evidence against him was that during a search of the ship which he had control of which was anchored in the port, the police found a card box in his possession containing the substance — On the issue whether the evidence was enough to sustain a conviction

Held: There was no evidence to connect the appellant with the substance found in his room

JUDGMENT OF THE COURT:

1 On April 2, 1971, we allowed this appeal, quashed the conviction and set aside the sentence. We stated that our reasons would be given at a later date and we now proceed to read them.

2 The appellant was charged before a magistrate of District “A” with a breach of reg. 4 of the Raw Opium Regulations 1952. It was alleged that on December 25, 1970, he had in his possession 4 ounces 1.77 grammes of Indian hemp without licence or authority. The case for the respondent was that the police on that date carried out a search of the S.S. Artemis which was anchored in the port and found a card box in the appellant's cabin. In it were two packages containing a substance rolled in newspaper which was subsequently tested and found to be Indian hemp.

3 At the close of the respondent's case counsel for the appellant made a no-case submission which was rejected. Counsel rested on his submission and the appellant was convicted and fined $400 payable forthwith with the alternative of six months imprisonment.

4 The magistrate found the following facts on the evidence:

• (1) The motor vessel S.S. Artemis arrived in Bridgetown Port on December 24, 1970;

• (2) the appellant was a member of its crew and was aboard the ship when it arrived;

• (3) there was a cabin on the ship which was allocated to the appellant and which he did not share with anyone;

• (4) there was only one key to the appellant's cabin, which the appellant controlled;

• (5) On December 25 a party of policemen, having obtained a warrant, searched the ship. The first mate, one McLaughlin, took the appellant's key from the oiler with whom the appellant had left it, opened the appellant's cabin, permitted the policemen to enter and was present when the search of the cabin was carried out;

• (6) the police found Indian kemp under the bottom drawer of the clothes locker in the appellant's cabin;

• (7) no one had entered the appellant's cabin after he had left it, until it was opened by the first mate to enable the police to search;

• (8) the relationship existing amongst members of the crew was that of “one happy family”.

5 The magistrate in his reasons also stated that he took particular note:

• (a) of the place where the drug was found;

• (b) that the box did not...