Knight v R

• Jurisdiction: Cayman Islands
• Judge: (Henderson, J.)
• Judgment Date: 01 August 2003
• Date: 01 August 2003
• Court: Grand Court (Cayman Islands)

Grand Court

(Henderson, J.)

KNIGHT

and

R.

Attorneys: Quin & Hampson for the appellant; Government Legal Dept.

Evidence-corroboration-accomplices

The appellant was convicted by the Magistrate”s Court and sentenced to 15 years” imprisonment for being concerned in the importation of cocaine and interfering with a witness. The prosecution relied on the evidence of its principal witness, who was the courier of the drugs. The Magistrate convicted the appellant without giving express recognition in her judgment to the fact that the Crown”s witness was an accomplice, although she made findings of fact from which it would have been obvious that this was the case.

Held: The Magistrate”s failure to warn herself expressly, when weighing the accomplice”s evidence, of the danger of convicting the appellant on such evidence was an error of law and the conviction would therefore be set aside. The Magistrate should have expressly identified in her reasons that the witness was an accomplice, that there was a lack of corroborating evidence and therefore that convicting in such circumstances was dangerous. The appeal would be allowed and a retrial ordered. (Aqui v. Pooran Maharaj (1983), 34 W.I.R. 282, considered; Bertolino v. R., 1990–91 CILR 112, dicta of Harre, J. applied; Helner v. R., 1984–85 CILR 171, dicta of...