Alexis v Commissioner of Police; Commissioner of Police v Alexis

• Jurisdiction: Grenada
• Judge: St. Bernard, J.
• Judgment Date: 05 December 1970
• Neutral Citation: GD 1970 HC 14
• Docket Number: Criminal Appeal No. 4 of 1970
• Court: High Court (Grenada)
• Date: 05 December 1970

High Court (Appellate jurisdiction)

St. Bernard, J.

Criminal Appeal No. 4 of 1970

Alexis

and

Commissioner of Police

Commissioner of Police

and

Alexis

H.E.L. Hosten, Q.C., for appellant.

D. Lambert, Director of Public Prosecutions for respondent.

Criminal law - Appeal against sentence — Harbouring uncustomed goods.

Facts

Appellant was convicted of harbouring uncustomed goods, and the respondent appealed, on the ground that the fine imposed was contrary to the provisions of s. 219 of the Customs Ordinance. The magistrate had imposed a fine of $250.00 dollars. The section provided for a maximum penalty of $500.00 or treble the value of the goods at the election of the Collector of Customs and forfeiture thereof. The Collector had in this case, elected for a maximum penalty of treble the value of the goods. The minimum penalty under the section was a fine of $2,414.25, or treble the duty, unless there were special reasons for imposing a lesser penalty.

Held

The appeal was allowed. The magistrate misconstrued that section, holding that it didn't apply to the section under which the appellant was convicted. There were no special reasons for reducing the minimum fine to be imposed in this case. The fine of $250.00 was set aside and replaced with $2,414.25.

St. Bernard, J.

1 The appellant was convicted and fined the sum of two hundred and fifty dollars and in default of payment imprisonment for a term of two months for the offence of harbouring uncustomed goods contrary to section 210 (c) of the Customs Ordinance, 1960 (No.35). She has appealed against conviction and the respondent has appealed on the ground that the fine imposed was contrary to the provisions of section 219 of the Customs Ordinance.

2 The facts of the case are as follows:–

3 On the 30th April, 1970, Inspector De Raveniere of the Police Force and one Herald Thompson went to the home of the appellant at Sauteurs at about 2 p.m. with a warrant to search for firearms. No firearms were found but under a bed in one of the rooms of the house, 3 cases of Black and White Whisky, 2 cases White Horse Whisky, 2 cases Mt. Gay Eclipse Rum, 2 cases and 6 bottles Old Oak Rum, 1 case State Express cigarettes, and 43 cartons State Express Cigarettes were found. The Inspector asked the appellant haw she name into possession of these goods. Her reply was, “I was at home last night and three men came with these goods.” While he was speaking to the appellant, one Hubert Alexis of Carriacou, a lad, came up and he was asked about the goods. He said in the presence of the appellant that three of them came from Carriacou last night in a boat and landed at a place called Glebe Land. They unloaded the boat and took the goods to the home of the appellant. Harold Thompson supported the story of the Inspector and stated that when the Inspector asked the appellant about the goods she said “Yes it was brought here last night by Hubert Alexis and two other boys but she didn't know the other boys' names.” The value of the goods was estimated at one thousand one hundred and two dollars and fifty cents and the duty thereon was $804.75.

4 The appellant stated the house belonged to her husband but he was dead and the property then belonged to her and twelve children all of whom were adults save for two girls, 19 and 17 years respectively, and a boy of 13 years. On that night with her in the bedroom were two daughters and a grand child and the boy was in another room. The third room was empty. About 10 p.m. she was in bed and heard a talking. Someone said good night and she asked who it was and the person said he was Hubert. He said he was going to Grenville and late took him and was asking for a lodging. She told him there was an empty room and he could use it. Leroy, her son, got up and opened the door for him. She asked him where he came from and he stated he was just from Carriacou. She went back to bed and in the morning she awoke about 7 a.m., went outside and after cleaning the yard started to wash. While doing so she saw Hubert and one Mowlin taking out a bag from the room. She asked her son, Leroy, what they were “droging” to use her own words. He told her it was liquor. She saw the liquor and was told that there were boxes of liquor. She saw the car come and take away some of the liquor. About 3 p.m. the Inspector arrived with a warrant and took away goods that were in the room. She said she told the Inspector when he asked her how she came by the drinks, she said...