R v Swaby

• Jurisdiction: Jamaica
• Judge: Campbell, J.A.
• Judgment Date: 28 February 1989
• Neutral Citation: JM 1989 CA 40
• Docket Number: Criminal Appeal No. 6 of 1989
• Date: 28 February 1989
• Court: Court of Appeal (Jamaica)

Court of Appeal

Campbell, J.A.; Wright, J.A.; Downer, J.A.

Criminal Appeal No. 6 of 1989

R

and

Swaby

Appearances:

N. Manley for appellant.

Miss Y. Sibbles for Crown.

Criminal law - Assault occasioning actual bodily harm — Appeal against conviction — Appellant charged on other count of which he was acquitted — Whether indivisible nature of complainant's evidence such as to make testimony regarding convicted offence totally uncreditworthy — Magistrate entitled to find accused guilty — Appeal dismissed.

Campbell, J.A.

1 The appellant Clifford Swaby was charged in the Resident Magistrate's Court for the parish of Saint Andrew on April 28, 1988. The offences to respect of which he was charged were two, namely indecent assault and assault occasioning actual bodily harm. He was acquitted of the count for indecent assault and convicted on the other count and was sentenced to pay a fine of $400.00 or two months imprisonment at hard labour in default.

2 The gist of the evidence given by the complainant was that on April 26, 1987 about 9.30 in the morning she was at home. The appellant came and demanded money for repairs to a television set which he had reputedly effected. The complainant said that the television set was not working and that she had already paid him the sum of $45.00. She said the appellant grabbed her around her neck, she gave evidence of certain acts which is contended would amount to indecent assault and in addition she said that the appellant punched her twice on the left side of her face, boxed her on her right ear, kicked her in her left side; he thereafter left with the television set. She immediately made a report to the Patrick City Police Station and on that very day she had medical treatment for her face, which she said was swollen and painful. The medical evidence adduced was that the complainant was found to have tenderness and slight swelling to both cheeks and it was...