R v Bradshaw et Al

• Jurisdiction: Barbados
• Judge: Williams, P.J.
• Judgment Date: 28 October 1985
• Neutral Citation: BB 1985 HC 65
• Docket Number: No. 13 of 1985
• Court: High Court (Barbados)
• Date: 28 October 1985

Supreme Court. High Court.

Williams, J.

No. 13 of 1985

R.

and

Bradshaw et al

Appearances:

Mr. E. Belgrave, Q.C., Mr. O. Springer and Mr. F. Belgrave for the crown.

Mr. A.P. Shepherd for Peter Bradshaw.

Mr. R. Toppin and Mr. O. Alleyne for Errol Bradshaw.

Mr. R. Thorne and Mr. R. Belgrave for David Oliver.

Practice and procedure - Indictment. — The accused was charged with murder and of receiving stolen articles — Whether the indictment ought to be quashed because of the inclusion of counts for murder and receiving in the same indictment — Court held that as a result of the Juries Act, Cap. 115B, section 24(1), a charge for murder or treason cannot be tried with a charge for any other criminal offence because the arrays are not the same — It is therefore inappropriate for a count to be added to an indictment for murder or treason — The proper course is to have two indictments so that the subsequent charge or charges may be subsequently tried if the charge of murder or treason fails and it is thought desirable to proceed further with respect to the other charge or charges — Court invoked section 6(3) of the Indictments Act, Cap. 136 and made an order for a retrial of the receiving count and for postponement of that trial until later in the Assizes, the trial for murder to continue.

Williams, P.J.

1 On the first count of this indictment David Anthony Oliver and Peter Fitzgerald Bradshaw are charged with the murder of Cyril Bertrand a Sisnett some time between the 14th and 15th days of December, 1984.

2 On the second count Errol Bradshaw is charged with receiving between the 14th of December, 1984 and the 12th of February, 1985 certain articles the property of Denise Sisnett and other articles the property of Cyril Bertrand Sisnett knowing them to have been stolen. Counsel seek to have the indictment quashed because of the inclusion of counts for murder and receiving in the same indictment.

3 In R. v. Jones [1918] 1 K.B. 416 the prisoner was convicted on a count for murder and on a count for robbery with violence. He was sentenced to death upon the charge of murder and to 10 years' penal servitude on the charge of robbery. Lawrence J. delivering the judgment of the Court of Criminal Appeal said at p. 417 –

“We think that in a case of murder the indictment ought not to contain a count of such a character as robbery with violence. The charge of murder is too serious a matter to be complicated by having alternative counts inserted in the indictment. In the opinion of the court the...