Originally Posted by John A
... The islands legal system (I checked) is based on the Napoleonic Code. He is in a legal system where he is guilty until proven innocent.
, on both counts.
St. Lucia’s Criminal Law is based on the British common law system
, with most of its statute law originating from the United Kingdom; while it’s Property Law (Family Land Tenure) is modelled on the Napoleonic Code and, in particular, the version of the Code formerly used in the province of Quebec
Excerpted from the Constitution of St. Lucia
(previously linked post #124)
Sect. 8 - Provision to secure protection of the law
(1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offense-
a) shall be presumed to be innocent until he is proved or has pleaded guilty
Excerpted from the Criminal Code of SAINT LUCIA
Reasonable use of force in self-defence
34. A person may use such force as is reasonable in the
(a) to prevent crime;
(b) to protect himself or herself or another person from injury;
(c) to protect himself or herself or another person (with his or her
authority) from trespass to himself or herself or the other person;
(d) to protect from injury or damage his or her property or property
belonging to another person with that person’s authority.
Defence of property, possession of right
35. Subject to the provisions of sections 36 to 46, a person may justify
the use of force for the defence of property or possession or for
overcoming an obstruction to the exercise of any legal right in relation to
such property or possession.
Force to repel trespasser
36. A person in actual possession of a house, land or vessel, or goods,
or any other person authorised by him or her, may use the force reasonable
in the circumstances as is necessary for the purpose of resisting a person
who attempts forcibly and unlawfully to enter such house, land or vessel,
or to take possession of the goods.
Force to remove trespasser
37. A person in actual possession of a house, land or vessel, or any
other person authorised by him or her, may use such force reasonable in
the circumstances as is necessary for removing a person who has
unlawfully entered such house, land, or vessel, and who having been
lawfully requested to depart, refuses to depart.