Derickson Richards Appellant v The Queen Respondent [ECSC]

CourtEastern Caribbean Supreme Court
Docket NumberCriminal Appeal No. 1 of 1970
JudgeST. BERNARD, J.A. (Ag.)., (E. L. St. Bernard)
Judgment Date28 Sep 1970
JurisdictionCaribbean States
Neutral Citation[1970] ECSC J0928-1
[1970] ECSC J0928-1

IN THE COURT OF APPEAL

Before:

The Honourable The Acting Chief Justice

The Honourable Mr. Justice P. Cecil Lewis

The Honourable Mr. Justice St. Bernard (Ag.)

Criminal Appeal No. 1 of 1970

Between:
Derickson Richards
Appellant
and
The Queen
Respondent

M.J. St.B. Sylvester for Appellant

D. Lambert, Ag. D.P.P. for Respondent

1

The judgment of the Court was delivered by—

ST. BERNARD, J.A. (Ag.).
2

The appellant was charged on an indictment containing three counts, namely, intentionally and unlawfully causing grievous harm to Gregory Thomas, contrary to section 211 of the Criminal Code, Cap. 76, of the Revised Laws of Grenada; intentionally and unlawfully causing a wound to Gregory Thomas contrary to section 210 of the Criminal Code, Cap. 76 of the Revised Laws of Grenada, and unlawfully assaulting Gregory Thomas with a dangerous instrument, to wit, a knife, with intent unlawfully to would or to cause grievous harm to the said Gregory Thomas, contrary to section 180 (e), Cap. 76 of the Revised Laws of Grenada.

3

The appellant was convicted on the three counts of this indictment on the 5th June, 1970, and was sentenced to 12 months, 9 months and 6 months imprisonment respectively.

4

The case for the prosecution was that the appellant had lived for 8 years at the home of Gregory Thomas who had cause to ask him to leave his home about one and a half months prior to November, 1969. On the 30th of November, 1969, Gregory Thomas left Grand Anse about 6.30 p.m. and was returning to his home at Belmont. He met Whitfield Cox about 10 rods from his home and stood speaking with him. The appellant came up and gave Gregory Thomas two kicks. Thomas started to run but stumbled and fell. As he fell appellant who had a knife about 18 inches long cut him twice on his back causing wounds 2 inches and 7 inches in length respectively. He was taken to hospital the same evening.

5

The appellant, who testified on oath, and his witness Carlton Regis gave a different version of the incident. The appellant stated that he went to a christening at Belmont. While the reception was going on Whitfield Cox took a bottle with rum which appellant's father placed on a table. He gave the rum to one Rita to put aside for him and then an argument arose over it. Appellant said "my father left the rum for the people to drink. He did not give you any rum". Cox used indecent words and in so doing his saliva flew in the face of the appellant who pushed...

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