Knowles v R

JurisdictionBahamas
CourtCourt of Appeal (Bahamas)
JudgeGonsalves-Sabola, P.
Judgment Date16 April 1998
Neutral CitationBS 1998 CA 13
Date16 April 1998
Docket NumberNo. 61 of 1997

Court of Appeal

Gonsalves-Sabola, P., George, J.A.Hall, J.A.

No. 61 of 1997

Knowles
and
R.
Appearances:

Ms. Stephanie Wells, attorney-at-law, counsel for the appellant.

Ms. Cleopatra Christie, attorney-at-law, counsel for the respondent.

Criminal law - Appeal against conviction for rape — Whether there was sufficient evidence to identify the appellant as the rapist. Held: Finding by court that there was a sufficiency of evidence to identify the appellant as the rapist. The appellant's evidence was that with the light from the street lamps she was able to identify the rapist. She was able to see him before, during and after the act. The identification of the rapists was a question of fact which the jury must have accepted as proved beyond a reasonable doubt. Appeal dismissed.

Gonsalves-Sabola, P.
1

This appeal raises essentially a question of fact. It is not doubted on the evidence, which the jury must have accepted as having proved beyond reasonable doubt, that the offence of rape did take place, and the one question that remained was whether there was sufficient evidence of the identification of the appellant as the rapist to go to the jury.

2

For all the reasons stated in the course of the arguments, we hold that there was sufficient evidence. This is not a fleeting glance case. It is a case where there way identification, it may be argued, not under the most ideal circumstances, but the complainant testified that however dark it was, there was light from street lamps and she could see the identity of the rapist. She said she certainly saw him both before, during and after the act was completed, and we do not think this is the kind of case in which the Court of Appeal should interfere in the finding of fact made by the jury.

3

In the circumstances, we feel that the appeal must be dismissed and the conviction and sentence affirmed.

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