King v The Queen

1968. April 3. The judgment of their Lordships was delivered by LORD HODSON.

The appellant was charged as follows:

“Herman King of 4 Anglesea Avenue of the parish of St. Andrew with force at 20 Ladd Lane and within the jurisdiction of this court unlawfully was found in possession of certain dangerous drugs to wit ganja. Contrary to section 7C of Chapter 90.”

This Act is called “The Dangerous Drugs Law”. The appellant was convicted by the resident magistrate, Kingston, Jamaica, on February 2, 1966, and his appeal to the Court of Appeal of Jamaica was dismissed on July 29, 1966.

The case against the appellant was that on January 11, 1966, at 20 Ladd Lane, Kingston, he was searched by a police officer in pursuance of a search warrant, under the Dangerous Drugs Law and ganja was found on him.

The appellant's case was that ganja was planted on him by the police officer who conducted the search. He said that he was first searched and that nothing was found on him whereupon the only other man present, apart from police officers, was sent out of the room. He said that he was then searched again and ganja was produced which the police falsely claimed had been found on him. There was conflict of evidence between the witnesses called on either side and on the appellant being disbelieved the conviction followed.

The Dangerous Drugs Law, section 7, provides as follows:

“Every person who … (c) has in his possession any prepared opium or ganja … shall be guilty of an offence against this law”.

Section 21 (2) of the law provides as follows:

“If a justice is satisfied by information on oath that there is reasonable ground for suspecting — (a) that any drugs to which this law applies are, in contravention of the provisions of this law or of any regulations made thereunder, in the possession or under the control of any person in any premises; or (b) that any document directly or indirectly relating to or connected with any transaction or dealing which was, or any intended transaction or dealing which would if carried out be, an offence against this law or, in the case of a transaction or dealing carried out or intended to be carried out in any place outside the island, an offence against the provisions of any corresponding law in force in that place, is in the possession or under the control of any person in any premises, he may grant a search warrant authorising any constable named in the warrant, at any time or times within one month from the date of the warrant, to enter, if need be by force, the premises named in the warrant, and to search the premises and any persons found therein, and if there is reasonable ground for suspecting that an offence against this law has been committed in relation to any such drugs which may be found in the premises or in the possession of any such persons, or that any document which may be so found is such a document as aforesaid, to seize and detain those drugs or that document, as the case may be”.

The section thus authorised any constable named in a warrant to enter, if need be by force, the premises named in the warrant and to search the premises and any persons found therein.

The police search party went to 20 Ladd Lane on January 11, 1966, armed with a warrant which was in the following terms:

“To any Lawful Constable of the Parish of Kingston Whereas it appears to me, W. Chambers Esquire, one of Her Majesty's Justices of the Peace in and for the Parish of Kingston, by the Information and complaint on oath of Henry R. Isaacs, Sgt. of Police, that there is good reason to believe that dangerous drugs to wit: ganja, is kept and concealed on the premises of Joyce Cohen of 20 Ladd Lane in the parish of Kingston These are therefore in Her Majesty's name, to authorise and command you with proper assistance, to enter the said premises of the said Joyce Cohen in the day or night time and there diligently search for the said dangerous drugs and if any articles of dangerous drugs be found after such search, that you will bring the dangerous drugs so found and the body of the said Joyce Cohen before me, or some other of Her Majesty's Justices of the Peace for the said Parish of Kingston to be...