No. 4/1977
Gazette Notice read.
Jurors called
-15-
OCTOBER ASSIZES
3rd October 1977
Queen
V.
Sylvester Gaston
Mr. J.§. Archibald ( his legal Assistant, Mr. Farara with him for
the Crown.)
Mr. Kenneth Foster ( Mr. EA, Hewlett with him for the Accused.)
Charge read.
Accused/Plead hot guilty.
Mr. Foster:- Defence wishes to give notice that it intends to raise
preliminary point.
The statement of offence murder contrary to the Common law does
not exist as the law of this country.
Refers to Sec 2 of Cap 54.
Offence of murder is not defined by the legislature. Accused should
know the mens rea of that offence.
5
10
The question is whether this Court has the jurisdiction to
import from England the legal principle and concept of malice afore thought.
Submits that
(1) This Court is a creature of statute by vertue of the West Indies Act
1967, and (2) Statutory Instruments 1967 No. 223 West Indies Associated
States Supreme Court Order 1967 at Page 167 Sec. 10. There is no
reference to the Common Law and (3) Statutory Instrument 1967 No. 471-
the Virgin Islands Constitution Order 1967.
It is not stated in any English legislation that the common law of
England applies to this Territory.
Reads / from ritish Colonial Law by Dr. Elias Page 156.
220
15
Refers to Cap 14.
This pertains to the Civil Law
not Criminal
Reads from Page 155
-
British Colonial Law.
replies
Mr. Archibald
The practice in criminal proceedings here is governed by the West
Indics Associated States Supreme Court (V.I) Ordinance Sec. 10 Sec. 7 25
No comments yet.
Private notes are available after approval.