Haynes and Jacob v R (Appeal)

• Jurisdiction: Trinidad & Tobago
• Judge: Hyatali, C.J.
• Judgment Date: 21 April 1975
• Neutral Citation: TT 1975 CA 5
• Docket Number: Crim. App. No. 64 of 1974
• Court: Court of Appeal (Trinidad and Tobago)
• Date: 21 April 1975

Court of Appeal

Hyatali, C.J., Phillips and Corbin, JJ.A

Crim. App. No. 64 of 1974

Haynes and Jacob

and

R. (Appeal)

N. King – for the appellant

A. Warner, Q.C., Solicitor General and C. Walters – for the Crown

Criminal Law - Robbery

Hyatali, C.J.

1 As previously intimated we now state our reasons for dismissing this appeal. At 9.15 a.m. on 22 February, 1973 four men and a woman, armed with and brandishing shot guns and revolvers, entered Barclays Bank at the corner of Woodford Street and Tragarete Road, Port-of-Spain, robbed Lionel de Nobriga, its manager, of $127,614.13 in bank notes and coins; and Winston Harper, a Brinks Guard on duty at the Bank, of his revolver, a holster and part of his uniform consisting of a shirt, tie and cap.

2 On leaving the Bank with their loot, one of the bandits demanded and obtained from Michael Pantin, the Bank's accountant, the keys to his car PO-2723. A second bandit carried Claudette Ross, a bank clerk, forcibly and against her will to a car parked outside the Bank bearing registration No. PO-1253. A third bandit carried de Nobriga forcibly and against his will to Pantin's car which was parked on the Bank's premises. Some of the bandits entered PO-1253 with Ross, while thee rest of them entered PO-2723 with de Nobriga. The two cars then proceeded north along Woodford Street. On reaching the intersection of Warner and Woodford Streets they pulled up. de Nobriga and Ross were released. The bandits travelling in Pantin's car abandoned it at that point and joined those seated in PO-1253. They then travelled together by PO-1253 to the corner of Albion Street and Stanmore Avenue.

3 As they got there another car aptly described as the “getaway car” drove up. The driver and another person were in it. It stopped in the middle of Stanmore Avenue. The bandits then hurriedly deserted PO-1253 and entered the getaway car. They were thereafter whisked away by its driver who, manifestly, was one of their confederates.

4 The transfer of the bandits from PO-1253 to the getaway car was witnessed by Sheila Johnson, an employee of a firm carrying on business at 19 Stanmore Avenue. She noted the numbers of both cars and made a report to the Police. In consequence thereof the police instituted a search for the getaway car. Road blocks were organised at strategic points. One of these was placed at the corner of Nucurapo Road and Western Main Road. At 12.15 p. m. the getaway car entered this road block it was being driven by the appellant Clyde Haynes in a westerly direction along Mucurapo Road. The police intercepted it, searched him and found on his person the revolver which had been stolen three hours earlier from Harper, the Brinks Guard on duty at the Bank.

5 Haynes, at that time, was the tenant of a house at Pashley Street, Laventille. On discovering this, the police took out a warrant to search it. They arrived there at 4.10 p. m. As they surrounded the house to execute the warrant they were greeted by gun fire from the occupants within. The police returned the fire. A gun battle ensued between them and the occupants. Some fifteen minutes later the gun fire ceased. The police then entered the premises to find four men killed. They were John Beddoe, Mervyn Belgrave, Ulric Gransaull and Nathaniel Jack. The warrant was then executed. Among the things found inside the house were three revolvers, two shotguns, the garments taken from Harper, the registration plates of a motor car bearing No. PN-4957, two Barclays Bank books numbered 81086 and 83362 and a paper bag containing part of the money stolen from the Bank $5,319.32 (Trinidad and Tobago currency), $136.95 (U.S, currency), $2.10 (Canadian currency) and $9.81 (U.K. currency).

6 Soon after the robbery the car abandoned at the corner of Albion Street and Stanmore Avenue was seen by Rev. Calvin Bess. He identified it as his car and verified that it was stolen from outside his home around 2.40 a.m. on that very day. Its true registration plates PN-4957, which the police found at Haynes' house at Pashley Street aforesaid, had been removed and replaced by false ones, to wit PO-1253.

7 The getaway car in which Haynes was intercepted bore registration number PP-4738. It had been rented to him by Candia Car rentals. The rental arrangements were made on 20 February, 1973 by Edwin Reid at the request of Mervyn Trumpet, a friend of Haynes. Trumpet had on previous occasions made similar arrangements for Haynes through Reid. Further investigations by the Police led them to Andrea Jacob. She was identified as the woman who entered the Bank with four men on 22 February, 1973 and executed the robberies in collaboration with them.

8 Haynes, Trumpet and Jacob were subsequently indicted for a Series of offences as follows:

In Counts 1 and 2 respectively:	Haynes, Trumpet and Jacob were accused of robbing with aggravation (a) Lionel de Nobriga of the sum of $127,614.13 in cash; and (b) Winston Harper of his revolver with six rounds of ammunition, a holster, shirt tie and cap.
In counts 3 and 4 respectively:	Haynes was accused of (a) receiving Harper's revolver knowing it to be stolen; and (b) of having in his possession a gun without being the holder of a firearm user's licence.
In Counts 6,7,8,9, 10 and 11 respectively:	Haynes and Jacob were accused of (a) hawing in their possession a gun and revolver with intent to endanger life; (b) making use of a gun and revolver to further the offence of robbery, (c) the larceny of the motor car PN-4957, the property of Calvin Bess; (d) receiving the said motor car of Calvin Bess knowing the same to have been stolen; (e) kidnapping Lionel de Nobriga; and (f) kidnapping Claudette Ross.

9 At the close of the case for the Crown, counsel sought and was granted leave to withdraw the case against Trumpet. On the judge's direction thereafter, the jury returned a verdict of not guilty against Trumpet. On being called upon Haynes opted for and made an unsworn statement from the dock. In it he admitted that PP-473 was rented for him by Edwin Reid whom he knew through Mervyn Trumpet. He explained however, that he rented it because (a) his own car had been stolen previously, (b) he wished to provide transportation for his sister who was due to arrive from abroad for the carnival celebrations around 22 February, 1973 and (c) it was economical for him to rent a car as it was a weekend when normal transportation would have been difficult to obtain.

10 With respect to the user of PP-473 on 22 October, 1974 his story was that his children were taken to school in it by his brother Clem Haynes at 7.30 a.m. on that day; that Clem Haynes returned with the car around 10.15 a.m. that he then took it from Clem Haynes and drove it and went to Richardson Lane, Laventille to visit a “Cooperative” which he was operating; that he proceeded thence to Diego Martin to obtain provisions and fruits from another “Cooperative” with which he had a business relationships and that while he was proceeding on his way, he was intercepted by the police, struck at the back of his head with a revolver, searched, and eventually taken to the Criminal Investigation Department, where he was interviewed by a number of policemen. He did not deny that he was the tenant of the house at Pashley Street that he lived there, as his landlord had testified, or that he had participated in the robbery; and contrary to the learned judge's direction to the jury (which is quoted later in this judgment) he did not deny that he was found in possession of Harper's revolver.

11 On being called upon, Jacob, like Haynes, opted for and made an unsworn statement. It was at complete variance with her voluntary statement to the police in which she had confessed her participation in the robbery with other persons. Except for the charges of larceny and receiving in respect of Rev. Bess' motor car PIJ-4957, Jacob was found guilty of all the offences of which she was accused in the indictment. She received prison sentences aggregating 12 years. She applied for leave to appeal against her convictions and the severity of her sentences, but withdrew her applications thereafter. We were therefore only concerned with the case of Haynes in this appeal.

12 The Crown's case against Haynes was put to the jury on the footing that he was actually present at the Bank aiding and abetting the robberies alleged against him. The evidence led to prove his presence at the Bank however was conflicting. One witness positively identified Haynes with a shotgun at the door of the Bank covering and protecting his confederates as they robbed it. Another witness also identified Haynes as one of the bandits in the Bank but admitted in cross-examination that he was not sure about it. Seven other witnesses present in the Bank at the material time failed to identify Haynes as one of the bandits they saw in the Bank.

13 On the two charges of robbery with aggravation (Counts 1 and 2), the jury returned in each case a verdict of guilty as an accessory before the fact; on the two charges of kidnapping (Counts 10 and 11), they returned in each case a verdict of guilty simpliciter; and on each of the remaining counts (except that for receiving on which there was no verdict) they returned a verdict of not guilty. Haynes received sentences totalling 12 years hard labour. He appealed against his convictions and the severity of his sentences on the grounds that the learned trial judge erred in law –

• “1.(a) …in directing the jury that the appellant could be convicted on the charge of accessory before the fact upon evidence proving him to have been present committing the offence;

• 2.(b) …in failing to direct the jury that to be an accessory before the fact the accused must be absent at the time when the crime is committed, and the act must be done in consequence of some counsel or procurement of his;

• 3.(c) …in directing the...