Spence v Dellamore

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: McShine Ag C.J,Hyatali,Phillips JJ.A
• Judgment Date: 17 July 1964
• Neutral Citation: TT 1964 CA 52
• Docket Number: Magistrate Appeal No. 268 of 1964
• Date: 17 July 1964

Court of Appeal

McShine Ag C.J, Hyatali, Phillips JJ.A

Magistrate Appeal No. 268 of 1964

Spence

and

Dellamore

Mr. Martin for the appellant.

Mr. Rienzi for the respondent.

Criminal Law - Evidence — Admission of evidence which tends to show the commission of another crime — Effect

Facts: Appellant for failing as required by s. 36 of the Summary Offence Ordinance Cap 4 No.17 to give a magistrate a satisfactory account of his possession of 5 tins of oil, of which it was alleged the respondent had reasonable cause to suspect to have been stolen or unlawfully obtained. On appeal argued that certain evidence was wrongly admitted by the magistrate and that its effect was of no prejudice in nature as to violate the conviction

Held: Respondent had given evidence that was at least open to the interpretation that the appellant was guilty of larceny of the whisky and cigarettes also found in the appellant's possession — Such evidence does not fall within the well known rules which in certain circumstances permit evidence to be given against a person accused of a crime even though it tends to show the commission of another crime by the accused person — Evidence was therefore in the circumstances of a lightly prejudicial nature — Appeal allowed — Conviction and sentence quashed.

JUDGMENT OF THE COURT:

1 The appellant was convicted for failing, as required by section 36 of the Summary Offences Ordinance, Ch.4 No. l7, to give to a magistrate a satisfactory account of his possession of five tins of Shell X-100 motor oil, which it was alleged the respondent had reasonable cause to suspect to have been stolen or unlawfully obtained. It was not in dispute that around 5 o'clock on the morning of 29th February, 1964 the articles in question were found by the respondent, a police constable, in the trunk of the appellant's taxi cab HE-8019, which was parked on Coffee Street, San Fernando near to a grocery, the gate of which was found to be open at the time. The appellant was sitting behind the steering wheel of his motor car.

2 According to the case for the prosecution, when questioned about his possession of the tins of oil, the appellant said that he had ‘bought them at a gas station at Port of Spain’. On being asked to identify the gasoline station he said, ‘the same one’.

3 The appellant gave evidence on oath at the trial and maintained that he had bought the oil at a Shell Service Station at the corner of...