Ramroop et Al v Herbert

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: McShine, J.A.
• Judgment Date: 01 November 1966
• Neutral Citation: TT 1966 CA 122
• Docket Number: No. 637 of 1966
• Date: 01 November 1966

Court of Appeal

Wooding, C.J.; McShine, J.A.; Phillips, J.A.

No. 637 of 1966

Ramroop et al

and

Herbert

Appearances:

Mr. H. Joseph appeared for the appellants.

Mr. G. des Iles, Acting Solicitor-General, appeared for the respondent.

Criminal Law - Possession of Housebreaking Implements — Appeal against conviction — No excuse offered when called upon to account — Appellants found in possession of screwdrivers one night — Called upon by magistrate to explain possession of housebreaking implements — No excuse offered — Appellants convicted and sentenced — Appealed — No doubt that a screwdriver can be used and is capable of being used as a housebreaking implement — Onus was on appellants to prove by what lawful excuse they came by these implements — To simply deny possession and offer no excuse will not suffice — Case therefore rightly decided — Appeals dismissed.

McShine, J.A.

1 There is no merit in this appeal. These two appellants on the night of April 27 last year were found loitering around Keate Street in the vicinity of the Deluxe Cinema where a number of cars were parked. A close watch had been kept on them by P.C. Herbert and also P.C. Ash. It was observed that these men parked a car in which they had been driving an a certain spot along Keate Street in the vicinity of the Bishop Anstey High School, and thereafter walked one on each side of the street peering into parked motor cars. They returned to their own car and ultimately drove off. They were followed by the constables and were ultimately stopped. In the course of this pursuit one of these appellants was seen to keep looking beck and then to duck down low in the car. When the car was stopped the appellants were asked what they were doing around there and where they had come from, one said he was...