Parkinson v R

JurisdictionJamaica
JudgeDuffus, J.
Judgment Date02 December 1960
Neutral CitationJM 1960 CA 9
Date02 December 1960
CourtCourt of Appeal (Jamaica)

Court of Appeal

Cools-Lartigue, J.A.; Duffus, J.A.; Waddington, J.A.

Parkinson
and
R.
Appearances:

J.R.Cools-Lartigue for the appellant.

V.C.Melville for the Crown.

Criminal law - Unlawful possession of goods — Search warrant — Evidence — Reasonable suspicion — The Unlawful Possession of Property Law, Cap.401.

Duffus, J.
1

The appellant was convicted by one of the resident magistrates, Kingston, of the unlawful possession of 212 brassieres and 1 roll of lace, contrary to s.8 of the Unlawful Possession of Property Law, Cap.401 [J.], and it is against this conviction that he appeals.

2

The facts as given in evidence by Detective Corporal Winston Dyer are that on June 9th, 1960, as the result of information received, he obtained a search warrant under the Unlawful Possession of Property Law to search the appellant's premises at 64 Luke Lane, Kingston. Dyer attended at the premises where he saw the appellant and told him that he had information that he had purchased certain articles of hardware, namely, files, saw blades and hose fittings, which had been reported missing from hardware stores in St.Andrew. The appellant denied purchasing any of these articles, whereupon the officer informed him that he had a search warrant, and proceeded to search the premises. The building was of two storeys; on the lower floor the appellant operated a dry goods store and his living quarters were on the upper floor.

3

Forty-two new brassieres were found in a wardrobe in the bedroom, which the appellant said he had bought from men working at the wharf from time to time.

4

The detective asked the appellant if he had anything else which he had purchased from “men working at the wharf”, whereupon the appellant showed the detective 170 other similar brassieres in a room to the rear of the store. There the detective also saw a roll of blue lace which the appellant said he had bought from “one of the men at the wharf”.

5

The detective was not satisfied with the account given by the appellant and arrested him for the unlawful possession of the brassieres and lace together with some other goods which latter are not material to this appeal as no conviction was recorded in respect thereof. At no stage of the trial was the search warrant tendered in evidence nor was its absence accounted for.

6

The first ground of appeal argued before us was that the failure to produce the search warrant at the trial was fatal to the Crown's case, the charge having been laid under s.8 of the Law and not under s.5.

7

Section 5 (1) empowers any constable or authorised person to arrest a suspected person without a warrant. By s.2:

“‘Suspected person’ means any person who -

  • (a) has had in his possession or under his control in any place anything being an article of agricultural produce; or

  • (b) has in his possession or under his control in any place anything including an article of agricultural produce,

under such circumstances as shall reasonably cause any constable or authorised person to suspect that that thing has been stolen or unlawfully obtained.”

Section 8 provides:

  • (1).If information is given on oath to any resident magistrate or justice that there is reasonable cause for suspecting that anything stolen or unlawfully obtained is concealed or lodged in any house, store, yard or other place … the resident magistrate or justice may, by warrant under his hand directed to any constable, cause the house, store, yard, place … to be entered and searched at any time of the day or, if the warrant so authorises, by night.

  • (2).…

  • (3).If upon search made in accordance with the provisions of subsections (1) and (2) of this section, anything which the constable has reasonable cause to suspect to have been stolen or unlawfully obtained is found, the constable shall arrest and bring before a resident magistrate -

    • (a) the person in whose house, store, … such thing is found; and

    • (b) …

if the constable has reasonable cause to suspect that such person placed or was privy to the placing of the thing in such house, store … knowing or having reasonable cause to suspect the same to have been stolen or unlawfully obtained.”

8

It is to be noted that the procedure to be followed after arrest is not the same in cases of arrest under s.5, where there is no warrant, as in cases under s.8, where there is a warrant.

9

Section 5 (2) provides:

“As soon as possible after the arrest of a suspected person, the constable or authorised person making the arrest, shall bring the suspected person, together with anything found in his possession or under his control which is reasonably suspected to have been stolen...

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