Deon Sampson Appellant v The Queen Respondent [ECSC]
| Jurisdiction | St Vincent and the Grenadines |
| Judge | REDHEAD J.A,Justice of Appeal |
| Judgment Date | 20 July 1999 |
| Judgment citation (vLex) | [1999] ECSC J0720-2 |
| Court | Court of Appeal (Saint Vincent) |
| Docket Number | CRIMINAL APPEAL NO. 5 OF 1999 |
| Date | 20 July 1999 |
IN THE COURT OF APPEAL
The Hon. Mr. Dennis Bryon Chief Justice
The Hon. Mr.Albert Redhead Justice of Appeal
The Hon. Mr. Albert Matthew Justice of Appeal [Ag.]
CRIMINAL APPEAL NO. 5 OF 1999
Mr. Richard Williams for the Appellant
Mr. Haymant Balroop for the Crown
This appeal was heard and allowed on 20th July, 1999. We now give our reasons in writing.
This appellant was, along with Charlotte Hackshaw, indicted for the rape of one Sherri-Ann Hackswaw. The jury acquitted him of the rape charge but found him guilty of attempting to procure the said sherry-Ann Hackshaw to become a common prostitute and was sentenced to 7 years imprisonment by the judge.
He now appeals to this court against his conviction and sentence.
Three main grounds of appeal were argued on behalf of the appellant.
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1. That the conviction under all the circumstances of the case is unsafe and unsatisfactory;
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2. That the trial judge erred in law in directing the jury to consider convicting the accused on a charge of procuring or attempting to procure a woman to become a common prostitute and
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3. The trial judge did not properly direct the jury as to what is a common prostitute and the meaning of the word procure.
That facts upon which the prosecution relied are that the appellant said on oath that he was accustomed visiting Charlotte Hackshaw and having sex with her for money. On 4th May, 1997 at about 12 midnight after he had left a dance went to Charlotte's home.
He offered her $100.00 to have sex with him. Charlotte told him that was not enough. He gave her $85.00 more. She then informed the appellant that she was not feeling too well but she had a 17 year old daughter who has a boyfriend with whom she has sexual intercourse.
The appellant said Charlotte then left him, went inside of the bedroom, brought out a sheet and spread it on the floor. She then went back into the bedroom, came back out with her daughter who then lay on her back on the sheet.
Sherri Ann Hackshaw told the jury that on the night in question she went to bed at about midnight. Her mother woke her up and told her to follow her. She followed her mother to the sitting room. Her mother then told her to take off her panty. She did so. Her mother then told her to lie down on the sheet on the floor. She did so as well.
Sherri Ann said on oath that she felt someone holding on to her feet. She tried to pull away but could not get herself free. The person then came and lay on top of her and tried to have sex with her. She said she began to cry. Her mother told her to shut up. The person held her hand on the floor and tried to have sexual intercourse with her. She said she had tried to get her hand free and the person pushed her unto the floor.
According to her testimony he forced his penis in her vagina. She then pushed his penis away. He told her to wait because he did not get it in the "hole". Sherri-Anne said on oath he then pushed her hands away and she tried to get her body away from him, but he pushed her back on the floor. He then tried again to put his penis in her vagina. She then slapped him on his jaw and bit him on his nose. She then pushed him off and ran into the bedroom. After she got into the bedroom she looked through a hole by the bedroom the person then lit a match and saw his face. She then realized it was the appellant.
As I have said the appellant on oath admitted that he paid Charlotte $185.00 to have sexual intercourse with her. He also said that he tried to have sex with Sherri-Ann. The Appellant also said:-
"After I go over Sherri-Ann she was fussing. I told her I ain't got it in yet. After I told her that she bit me on my nose. When she bit me on...
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