R v Powell

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Duffus, P.
• Judgment Date: 30 January 1967
• Neutral Citation: JM 1967 CA 7
• Docket Number: R.M. Courts Criminal Appeal No.6 of 1967
• Date: 30 January 1967

Court of Appeal

Duffus, P.; Eccleston, J.A; Fox, J.A.

R.M. Courts Criminal Appeal No.6 of 1967

R.

and

Powell

Appearances:

Mr. E. Chambers for the Crown

Appellant appeared in person

Criminal Law - Sentences — Unlawful Possession of Marijuana

Duffus, P.

1 This appellants Theeophilus Powell, was tried in the Resident Magistrate's Court for St.Andrew, on two charges under the Dangerous Drugs Law. One charge was, that he unlawfully had in his possession a chillum pipe for use in connection with the smoking of ganja. On that he was convicted and given two months imprisonment with hard labour. On the other charges which was unlawfully being in possession of ganja, he was also convicted and sentenced to four years imprisonment with hard labour.

2 On the hearing of the appeal today, the appellant has submitted that the learned Resident Magistrate ought not to have accepted the evidence of the police witnesses that he was alone in his room at the time they found the ganja, some of which was concealed in a box under the bed in the room. The chillum pipe also was found in the room and there was another tin in which four small packets of ganja were found.

3 The court has considered his submission and has examined the evidence given by the police constables and by the appellant and his witnesses, and the court does not see any reason why it should interfere with the findings of guilt by the learned Resident Magistrate.

4 Now, on the question...