R v Burke

• Jurisdiction: Jamaica
• Judge: Eccleston, J.A.
• Judgment Date: 18 January 1967
• Neutral Citation: JM 1967 CA 3
• Court: Court of Appeal (Jamaica)
• Date: 18 January 1967
• Docket Number: R.M. Criminal Appeal No.358 of 1966

Court of Appeal

Lewis, P.; Shelley, J.A.; Fox, J.A.

R.M. Criminal Appeal No.358 of 1966

R.

and

Burke

Appearances:

Mr. E. Chambers for the Crown

Mr. K. Douglas for the appellant

Criminal law - Larceny — Appeal against conviction

Eccleston, J.A.

1 The appellant was convicted in the Resident Magistrate's Court, Kingston of receiving a quantity of cigarettes, the property of Carreras Limited, and sentenced to nine months imprisonment with hard labour. He has appealed against his conviction.

2 The evidence for the Crown was that on the night of the 22nd of October, 1966, a Carreras van, in which was placed a quantity of cigarettes was left at premises number 13B Somerset Avenue, Kingston. At about 4.00 in the morning of that day, Owen Hines on being awakened, saw a Hillman Station Wagon parked beside a Carreras van and persons removing cigarettes and loading them into the Hillman. The Hillman was driven away. The police were contacted and between 5.00 and 6.00 of that morning the Hillman was seen on Paradise Street, Kingston, but there was no one in it, nor were any cigarettes in it.

3 Hines went next to Marine Villa Beach Club and saw there a Volkswagon van driven there. He observed a person passing out cigarettes from the van to others. Among the persons was the man whom he had seen earlier driving the Hillman. He stealthily left and reported to Acting Corporal Peat who was in the area. Acting Corporal Peart went to these premises and there saw Murray and McDonald, each carrying cigarettes to the upstairs of the building, from where he recovered three cartons of cigarettes. Beside the Volkswagon, the appellant, clad in merino and underpants, was standing. The Corporal asked the appellant to whom did the cigarettes belong, and the appellant said “about 4.00 a.m. Neville White came and told me that some goods for Mr. Tai the Manager of the Club, but his car was too small to take it so he should send the van for it and he awakened Thomas Hall the driver and sent for them. He did not know what the goods were until the van brought them.”

4 The appellant have evidence that he drives a motor vehicle at the Club. He was awakened by Murray and White. White told him he had something for Mrs. Tai and asked if he could get the van to borrow for the things can't hold in his car. They asked for Mr. Tai and he told them to ask the driver of the van. He awoke Hall, the driver of the van, who hesitated and after some argument he said to Hall, “Master you can go if you want or stay if you don't want to go but I tell you to go.” He saw them leave in the van not knowing what type of goods they were. The van returned and he saw four men lifting cigarettes out of the van. He asked Murray what kind of business is this and Murray said “a friend got some cigarettes off a ship and he buys some and term to see if he can get sale for them He said to Murray, “brother I don't business you can just put them down there,” He stated that he did not know where they put them and he did not open any place for them. The police came and took the cigarettes and asked if he knew how cigarettes came there. He stated to the police ‘I saw same fellows bring them there and I pointed out the fellows to the police.’ He denied any argument to purchase the goods.Further, he did not know that they were stolen and that he did not receive the cigarettes.Shaw, Murray, Hall, McDonald as also the appellant, all of whom were present were arrested and charged with larceny. McDonald pleaded guilty and the others not guilty.

5 At the trial, Hall and Murray who were employees at the Club were acquitted. Shaw was convicted of larceny and the...