Leroy Warner and Edwin Duporte Appellants v The Queen Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeST. BERNARD, J.A.
Judgment Date22 Jun 1973
Neutral Citation[1973] ECSC J0622-1
Docket NumberCriminal Appeals Nos. 2 and 3 of 1973
[1973] ECSC J0622-1

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Louisy (Ag.)

Criminal Appeals Nos. 2 and 3 of 1973

Between:
Leroy Warner And Edwin Duporte
Appellants
and
The Queen
Respondent

Mary Moore for appellants

W. MacIntyre, D.P.P., for respondent

1

The judgment of the Court was delivered by—

ST. BERNARD, J.A.
2

These are two appeals which are taken together by consent. The appellants were tried together and convicted of the offence of attempted arson on 24th May, 1973, and each sentenced to two years imprisonment. They now appeal against the conviction and sentence on five similar grounds, two of which are withdrawn. The main issue at the trial was the question of identification of the appellants by one Alvarine Dennis, the complainant.

3

The facts of the case may be briefly summarised as follows: On 18th February, 1973, Alvarine Dennis owned a small house at Half Way Tree where she lived with her children. She went to bed about 8 p.m. She stated that about five minutes to 12 o'clock she heard the sound footsteps of more persons than one in the yard. The footsteps appeared to her to be getting closer to the house and so she got up and went by a window and in about five more minutes she heard an explosive sound "puff" and felt as if the house would fall. She looked out of the window and saw two men running from the into the main road and into one Fraser's yard. Fraser is sometimes called Willie George. She shouted Willie George and spoke. She stated that when the two appellants were running into Fraser's yard, Fraser's dogs were loose and rushed them, and the yard above Fraser's had dogs also and they rushed out and the appellants "turned back round and she saw them to their face part." She knew both appellants for some time before that night. The other occupants of the house awoke and Alvarine and others went outside and she observed the house was on fire. The fire was put out. There was slight damage to the house by burning. There was a crocus bag underneath the house and this smelt strongly of gasolene or diesel oil. The same night a report was made to the police at about 12.25 a.m. and Sgt. Dudley Williams and P.C. Salters went to her home the same morning. On arrival the sargeant observed the crocus bag under the sill and there was a strong odour of diesel oil. He left with Alvarine, Alfred Percival, Alvarine's boyfriend, and P.C. Salters for the home of Duporte, the second appellant. He called and knocked several times but received no answer. The time was about 2.15 a.m. They left and went to the home of Julian George and there he saw the appellant Warner lying across wearing a dark pair of pants, a pair of brown shoes, and a white T shirt under a blue shirt. He called Warner and told him that Alvarine...

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