Court of Appeal
Criminal Appeal No. 2 of 1995

TELFORD GEORGES, P.
HORACE W. YOUNG J.A.
SIR DENIS E.G. MALONE, J.A.

Appellants in person.
Ms. D. Gallimore for the Crown.

Criminal Appeals - Appeals against Conviction and Sentence - Aggravated Robbery - Summing-up by trial judge contained no errors - Proper instructions were given on the burden of proof and identification - Sentence of 12 years severe but not excessive - Aggravated Robbery was carried out with a firearm used to threaten shopkeeper and terrify wife and children - Both Appeals dismissed and convictions and sentences affirmed.

J U D G M E N T

The Appellants were convicted of having robbed Benson Mok, a shop-keeper of Ladyville Village of the sum of $7,333.13 on October 7, 1993. The sum stolen was made up of Belizean currency, United States currency and cheques.

The prosecution led evidence which if accepted, established that four Spanish men walked into Mr. Mok's shop at about 9:00 p.m. on that day. One of them whom Mr. Mok later pointed out at an identification parade was the Appellant Canizalez. The Appellant Aguirre was also on that parade but Mr. Mok did not pick him out.

The police from information received set up a road block hoping to stop a car BZ-C-2714, a Volkswagen the property of the Appellant Canizalez. That car was signalled to stop at the road block but it did not do so. It raced through. The police gave chase. There were four men in the car which was being driven by the Appellant Canizalez. Shots were fired from the car which was being chased. The police returned fire. The driver and the passengers in the car eventually abandoned it and ran towards the sea. The police summoned help and surrounded the area.

The police searched the car and found $5,084.05 in Belizean currency - $100.00 bills, $50.00 bills, $20.00 bills, $5.00 bills and coins. There was $598 in U. S. currency and cheques to the value of $1,051.08. They also found a revolver loaded with live rounds.

The police searched the area which they surrounded and in the sea they found the Appellant Aguirre and another man who was not on trial, having escaped custody. The Appellant Canizalez was arrested at the police station where he had gone to make a report that his car had been stolen.

The Appellant Canizalez gave a statement which was admitted in evidence without objection. He admitted to having driven three men to Ladyville to assault a Chinese. He stated that he did not want to do it but eventually agreed. He waited with his engine running to facilitate a quick get away. The men went into the shop, emerged 10 minutes later and he drove off. He confirmed going through the road block, the subsequent chase and the abandonment of the car.

Aguirre contested the statement which he gave alleging that he had suffered injuries to his head from police assaults after his arrest. As a result he was not himself when he gave the statement. He did not allege that he was beaten into giving the statement. The statement was properly admitted after a voir-dire.

Both men gave evidence on oath and gave accounts of the incident which differed from that contained in their statements. The jury quite obviously did not accept their evidence on oath.

The summing up contained no errors. There were proper instructions on the burden of proof and identification, the principal issues in the case.

The sentence of 12 years is severe but not excessive. It was an aggravated robbery, carried out by a gang armed with a firearm which was used to threaten Mr. Mok. Not only did they rob the shop but they went upstairs and terrified Mrs. Mok and the children.

Accordingly the appeals against conviction and sentence by both defendants are dismissed and the convictions and sentences affirmed.

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