Morris v R

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Panton, P.
• Judgment Date: 14 March 2011
• Neutral Citation: JM 2011 CA 18
• Docket Number: Criminal Appeal No. 134 of 2007
• Date: 14 March 2011

Court of Appeal

Panton, P.; Harris, J.A.; Phillips, J. A.

Criminal Appeal No. 134 of 2007

Morris

and

R.

Appearances:

Lennox Gayle for the applicant.

No appearance for the Crown.

Criminal Law - Illegal possession of firearm — Illegal possession of ammunition — Careful and detailed summation by judge — No reason to disturb her findings in relation to counts one, two and four — In relation to count 3 conviction quashed and sentence set aside.

ORAL JUDGMENT

Panton, P.

1 Dwayne Morris was convicted in the High Court Division of the Gun Court presided over by Mr. Justice Marsh of the offences of illegal possession of. firearm, (counts one and three) and illegal possession of ammunition (counts two and four). In relation to counts one and three he was sentenced on 25 October 2007 to eight years imprisonment on each count; on count two, two years imprisonment, and on count four, four years imprisonment. The sentences were ordered to run concurrently.

2 A single judge of this court refused leave to appeal, indicating that the issue in the case was one of credibility and that the learned trial judge had fairly analysed the evidence of the prosecution's witnesses as well as that of the applicant and his witness. The single judge said that the trial judge had done a balancing exercise in assessing the evidence of each witness and had directed himself properly in making his findings.

3 The applicant has renewed his application before us and relies on the following grounds:

• “a) The verdict is not supported by the evidence.

• b) The trial Judge erred in Law by not upholding the no case submission

• c) …

• d) The Learned Trial Judge misdirected himself with regard to the evidential requirement in terms of the vesting of possession in the Applicant as regards the offences of Illegal Possession of Firearm and Ammunition.”

This latter ground was advanced as an additional ground by Mr. Lennox Gayle who appears for the applicant. Incidentally, the respondent is not represented at this hearing.

4 The circumstances which give rise to these convictions may be placed in two categories. Firstly, there was a finding that was made by Det. Cons. Rockhue Montgomery and secondly, there was another set of findings made by Det. Sgt. George Hall of the Caribbean Search Centre. In respect of the evidence of Det. Cons. Montgomery, he said that on 2 May 2005 at about 10:00 o'clock in the morning, he was in the Jones Avenue area of Spanish Town when he received information which caused him to obtain a search warrant with a view to searching the premises of the applicant at Dempshire Pen in Saint Catherine. He proceeded with his search warrant to Dempshire Pen, identified himself to the applicant and presented him with a copy of the warrant. The applicant, he said, was at the time exiting what he, Det. Cons. Montgomery, described as a one-room house. The constable indicated his desire to search the house and the applicant accompanied him back into the house where the search took place and, wrapped in a sheet under a mattress on the only bed in the one-room house, was a Chrome Taurus Revolver with six live .38 cartridges. He said that he arrested the applicant and cautioned him. The applicant, on caution, said “officer a nuh my gun”. He indicated to the officer that the gun belonged to his brother. Det. Cons. Montgomery escorted him and the find to the Spanish Town Police Station, where, shortly after, acting on instructions, he returned with the applicant to his house along with Det. Sgt. Hall. There a further search was carried out by Det. Sgt. Hall who on the occasion of this second search, indicated that he was acting under instructions from Dep. Supt. Nesbeth in respect of this search. Under the lid of a stove in the house, he found two cartridges and when he pointed out the offence of illegal possession of ammunition to the applicant, his response was “mi deh pon farm...