Worme v Williams

• Jurisdiction: Barbados
• Judge: Rocheford, J.
• Judgment Date: 21 March 1980
• Neutral Citation: BB 1980 HC 8
• Docket Number: No. 7 of 1979
• Date: 21 March 1980
• Court: High Court (Barbados)

Supreme Court - High Court

Rocheford, J. (Acting)

No. 7 of 1979

Worme

and

Williams

Mr. C.W.P. Chenery for appellant.

The respondent did not appear.

Criminal law - Appeal against conviction — Assault.

Facts: — The appellant was charged with stone throwing, beating the respondent with a stone and unlawfully assaulting the respondent with a gun — The appellant was acquitted of the first two charges and was found guilty of assaulting the respondent with a gun — Whether the decision of the magistrate was against the weight of the evidence.

Held: That the altercation between the parties was one incident — That the evidence with respect to the entire episode was basically the same — The respondent did not see the appellant throw a stone and he saw the reflection of what looked like a pistol — The appellant denied it and his evidence was corroborated — Finding that the evidence imported a real and reasonable doubt as to what actually took place — That the respondent had failed to discharge the burden of proof — Appeal allowed.

JUDGMENT OF COURT:

1 The appellant (the accused in the suit below) was charged before a magistrate at District “A” with stone throwing, beating the respondent (the Informant in the suit below) with a stone and unlawfully assaulting the respondent with a gun. He was acquitted of the charges of stone throwing and beating with a stone and found guilty of assaulting with a gun. He was fined $24 in 7 days or 7 days imprisonment. He has appealed against the conviction for assault with a gun on the grounds of (1) that the decision of the learned magistrate is against the weight of the evidence, (2) that there is no evidence to support the decision and (3) that the decision is erroneous in point of law.

2 The evidence at the trial, given by the respondent only, disclosed that at about 6.30 p.m. the...