R v Whittaker et Al

• Jurisdiction: Cayman Islands
• Judge: Harre, J.
• Judgment Date: 15 July 1991
• Court: Grand Court (Cayman Islands)
• Date: 15 July 1991
• Docket Number: 22 of 1991

Regina

and

Whittaker Et Al

Harre, J.

22 of 1991

Grand Court

Criminal law - Appeal against conviction and sentence — Being a rogue and a vagabond — Sentenced to 9 months imprisonment — Whether the verdict was supported by the evidence — Appellant admitted nine previous convictions involving burglary, theft and drug offences — Appeal dismissed.

Appellant in person.

For the Crown: Mr. R. Sheehan.

Harre, J.

1 Donovan Edwardo Tatum was charged, with one David Whittaker, with being a rogue and vagabond. Evidence was given by the proprietor of a vehicle service and repair shop known as Broadway Motor Works that at 2:30 a.m., while he was keeping watch from his office, two men entered his compound. He recognised one as Whittaker. The other, whom he did not, recognise, knocked on the door and called out. On getting no answer he said “No one is here man, its all clear.” He then moved towards a car in front of the office and the witness, supposing he was going to break the glass, flicked his light on and slammed a door, causing both men to leave.

2 Tatum was interviewed by the police and admitted he was at the premises that night, knocking at the door at about 4:00 a.m. He said that his reason for waking someone at that time of the morning was that he had a costume chain which he wanted to sell.

3 Not surprisingly, the learned magistrate did not believe that and convicted Tatum. The appeal against that conviction is dismissed.

4 As to sentence, Tatum admitted nine previous convictions, involving burglary, theft and drug offences. In the light of that the learned magistrate observed that there was little he could do for him. This court is of the same view. The appeal against the sentence of 9 months imprisonment is also dismissed.

G.E. Harre

Judge

15th July 1991