R v Pennant

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Campbell, J.A.
• Judgment Date: 06 March 1989
• Neutral Citation: JM 1989 CA 46
• Docket Number: Criminal Appeal No. 100 of 1988
• Date: 06 March 1989

Court of Appeal

Carey, J.A.; Campbell, J.A.; Gordon, J.A. (Ag.)

Criminal Appeal No. 100 of 1988

R

and

Pennant

Appearances:

Application for leave to appeal

Mr. K. Pantry & H. Wildman for Crown

Criminal law - Illegal possession of firearms and wounding with intent — Identification by eye witness in adequate lighting — Application for leave to appeal refused.

Campbell, J.A.

1 The applicant was convicted on April 27, 1988 in the Gun Court Division of the Clarendon Circuit Court by Mr. Justice Walker for the offences of illegal possession of firearm and wounding with intent. He was sentenced to concurrent terms of imprisonment of seven years and 10 years at hard labour respectively. The offences were committed on November 3, 1987, they were committed at York Town in the parish of Clarendon. The complainant was one Mr. Lloyd Christian who said that on the 3rd of November, 1987 in the early hours of the morning he was in his one apartment house, he was dozing off when he heard a stumbling on the door of his house, shortly thereafter the door was kicked open. There was a kerosene oil lamp which was burning brightly in the room. By the aid of this light he saw the applicant who was then standing by the doorway. In the room was Mr. Christian's baby then 17 months old, she was lying on the bed. Mr. Christian's evidence is that the applicant who was still by...