Dilbert v R (No. 1)

JurisdictionCayman Islands
JudgeSummerfield, J.
Judgment Date08 August 1979
CourtGrand Court (Cayman Islands)
Docket NumberCriminal Appeal No. 16 of 1979
Date08 August 1979
Dilbert
and
R (No. 1)

Sir John Summerfield, C.J.

Criminal Appeal No. 16 of 1979

Grand Court

Criminal law - Appeal against conviction — Unlawful possession of marijuana

Held: Discrepancy did not go to root of case — It was for the Magistrate to decide whether they undermined his confidence in either officer — Magistrate decided they were telling the truth — Appeal dismissed.

Facts: Police investigating noise came upon appellant and others under a tree — Number of people ran when police approached — Appellant threw brown paper packets from his hand into the bush and then ran — Packets retrieved and later shown to contain ganja — Appellant admitted at station that he had ganja but said the ones found did not belong to him — Contended that police officers could not be relied on since one gave evidence that only the appellant ran while other said that other people ran —

Appearances:

Mr. M. Alberga for the appellant

Mr. Ritch for the respondent

Summerfield, J.
1

The appellant was convicted of the offence of unlawful possession a controlled drug (ganja) contrary to section 3 (1) (i) (k) of the Misuse of Drugs Law 1973. He was sentenced to 12 months imprisonment together with a fine of $500. 00 or 6 months imprisonment in default.

2

Two police officers gave evidence and their evidence was accepted the learned acting magistrate.

3

According to Constable Myles, he and two other police officers went to a residence on Shedden Road at about 7:30 pm on 13 th March 1979. It was getting dark then. He heard what he thought was a baby's voice coming from a nearby bush. He told one police officer to remain on the east side of the premises. He and the other officer (who also gave evidence) then went to where the noise was coming from. Under a tree he saw a number people sitting down. They approached the people. When they were two three feet from them Constable Myles turned on his flashlight. He said that as he did so a number of people ran. He then recognized the appellant. When he saw the appellant he was sitting on a log. He saw the appellant throw some brown paper packets into the bush from his hand. The appellant had got up at that stage. The appellant then ran. Constable Myles ran up behind him and caught him within a few feet. He brought the appellant back to where he had seen him throw the packages away and told him that he would like to search him for drugs. The appellant made no reply. He was searched and nothing was found on him.

4

The two police officers then looked on the ground and each found a package about 5 – 10 inches apart. Constable Myles then showed the two packages to the appellant and told him that he was...

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