Fox v. The Queen, Court of Appeal - Privy Council, October 02, 2001, [2001] UKPC 40

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Fox v. The Queen, Court of Appeal - Privy Council, October 02, 2001, [2001] UKPC 40

Privy Council Appeal No. 66 of 2000

Berthill Fox Appellant

v.

The Queen Respondent

FROM

THE COURT OF APPEAL OF ST. CHRISTOPHER

AND NEVIS

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 2nd October 2001

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Present at the hearing:-

Lord Bingham of Cornhill

Lord Mackay of Clashfern

Lord Hoffmann

Lord Clyde

Lord Scott of Foscote

[Majority judgment delivered by Lord Hoffmann]

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The appellant Mr Bertill Fox is a well-known citizen of Basseterre, St Christopher, a bodybuilding champion and former Mr Universe. He owns and operates a gym. On Friday 26 September 1997 he returned from a visit to England. During his absence he had left his keys to his house and gym with his fiancée Miss Leyoca Browne. She worked in a dress shop in Basseterre named Royalty Fashions, owned by her mother Violet Browne, who was known as Babs. On the day after his return, the appellant spoke on the telephone to a friend named Edmund Tross. He was a businessman, his girlfriend Julisca Wallace was an attendant at the gym and he himself helped the appellant run it. The appellant told Mr Tross that he had ``caught Leyoca and a guy''.

On the morning of Tuesday 30 September 1997 Amanda Matthews, who also worked in Royalty Fashions, noticed the appellant standing on the verandah outside the shop. Leyoca went ...

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