R v Johnson

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Duffus, P.
• Judgment Date: 22 March 1965
• Neutral Citation: JM 1965 CA 41
• Docket Number: Criminal Appeal No. 14 of 1965
• Date: 22 March 1965

Court of Appeal

Duffus, P.; Henriques, J.A; Waddington, J.A.

Criminal Appeal No. 14 of 1965

R.

and

Johnson

Appearances:

Mr. C. Orr appeared for the Crown.

The appellant appeared in person.

Criminal Law - Appeal against conviction — Larceny

Duffus, P.

1 The appellant was charged on an indictment which contained three counts – the first count charging him for larceny of a bicycle; the second count which was alternative to the first count, charged him with receiving the bicycle knowing it to be stolen; and the third count was for a completely independent matter, namely larceny of money.

2 The appellant was convicted on the receiving count and on count three of larceny of money. With regard to the larceny of the money charge, he submits today before this Court that the evidence of the Crown witnesses was conflicting and the learned resident magistrate should not have convicted him.

3 With regards to the conviction for receiving the bicycle he states that at the time the bicycle was stolen he was in prison and he was released from prison a short time before the 1st of December, the dates on which he was found with the bicycles, and that he did not know that the bicycle which he had barrowed from a friend of his named Burke, was a stolen bicycle.

4 The evidence for the Crown with regard to the larceny of the money was very strong indeed. Two witnesses stated that he came into the store, grabbed the bag of money which had just come from the bank, split some of it, then rushed out of the store and attempted to mount a bicycle – the bicycle...