R v Harper

JurisdictionJamaica
JudgeLewis, J.A.
Judgment Date11 December 1963
Neutral CitationJM 1963 CA 14
Docket NumberNo.189 of 1963
CourtCourt of Appeal (Jamaica)
Date11 December 1963

Court of Appeal

Lewis, J.; Duffus, J.; Henriques, J.

No.189 of 1963

R.
and
Harper
Appearances

Mr.M.Tenn for the appellant

Mr.J.Kerr for the Crown

Criminal Law - Sentences — Unlawful possession of marijuana

Criminal Law - Appeal against conviction — Unlawful possession of marijuana

Lewis, J.A.
1

This is an appeal against conviction by Mr.Melville, Resident magistrate for the parish of Saint Andrew, for the offence of Possession of Ganja, and against sentence of six months imprisonment imposed upon the appellant. There was only one witness for the prosecution at the trial of the appellant – a detective constable named Albert Richards; he had gone to search the premises of one Mr.Laing, Richards; under the a search warrant authorising him to search premises at 112a Marcus Garvey Drive; he executed that search warrant with no success, found no dangerous drugs. On going to a shed at the back of the premises (it is not clear from the evidence whether this shed formed part of Laing's premises or not) he saw there the appellant sitting on the toilet. According to the detective constable, he noticed that the appellant's hand was clenched; he opened the appellant's hand and in it he says he found seven round paper packets containing vegetable matter, which on analysis proved to be ganja. He arrested the appellant for the possession of ganja.

2

The appellant gave evidence and said that he had been taken short and asked the owner of the premises to allow him to use the toilet; that while he was there the constable came in, searched the toilet and searched him and found nothing, but told him that he was arresting him for possession of ganja. He said that he never saw the ganja until he was in court at the time of his trial.

3

The ground of appeal is that the verdict was unreasonable having regard to the evidence.And, under that, Mr. Tenn has submitted that there is a rule of practice in the Resident magistrate's court that person should not be convicted of possession of ganja unless there is corroboration of the evidence of the arresting constable. He was however unable to point to any case in which this had been laid down either in the Resident magistrate courts or in the Court of Appeal. That being so, having regard to the long period over which these cases have been coming before the courts, the court is unable to say that there is any such rule of practice.

4

The court has however been at some pains to...

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