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Back to Revised Laws of Saint Lucia (2021)

6. Interpretation

(1) In this Code, unless the context otherwise requires—

“act” includes any act or omission, and any series of acts or omissions, and any combination of acts and omissions;

“account” in relation to a company or corporation includes any book, register, balance sheet or document in writing or recorded in any other form or stored electronically, relating to the affairs of the company or corporation whether or not such affairs are the ordinary business or object of the company or corporation;

“acts are done publicly”—

(a) if they are done in a public place or premises as to be likely to be seen by a person, whether the person is or is not in a public place or public premises;

(b) if they are done in in a place or premises, not being a public place or public premises, as to be likely to be seen by any person in a public place or public premises;

“administer” when used in relation to administering any substance to a person means causing the substance to be taken or introduced into any part of a person's body, whether with or without his or her knowledge or consent;

“animal” means any domestic animal;

“bail” includes—

(a) bail which is granted in or in connection with proceedings for an offence to a person who is accused or convicted of the offence;

(b) bail which is granted in connection with an offence to a person who is under arrest for an offence or for whose arrest for the offence a warrant endorsed for bail is issued; or

“betting-house” means any building or premises kept or used by a person, without lawful authority, for the purpose of directly or indirectly making gain by providing facilities for betting or for playing of any game of chance for money or money's worth, but does not include a gaming house;

“bona fide representative of any newspaper or news agency” means a person who produces proof to the satisfaction of the Registrar or Clerk of Court that he or she is such a representative;

“cart” includes any cart, wagon, truck, barrow, or other carriage on wheels used to carry loads or burdens;

“cattle” includes any horse, ass, mule, cows, sheep, goat, or swine, and any animal (other than a dog), which is ordinarily kept or used as a beast of burden, for draught, for riding, or for the production of wool or hair;

“child” means a person who is under the age of 12 years;

“circumstance of aggravation” includes any circumstance by reason of which an offender is liable to a greater punishment than that to which he or she would be liable if the offence were committed without the existence of such circumstance;

“clerk of Court” in the case of a district court, includes the person appointed by the magistrate for any purpose in a case of emergency, where from any cause the services of a clerk are not available;

“clerk” includes any person—

(a) employed for any purpose as a clerk;

(b) employed as a collector of money, whether temporarily or part time;

“company” means a body corporate incorporated under the Companies Act and includes any partnership or association, whether corporate or incorporate;

“complaint” includes any information or charge;

“complainant” includes any informant or prosecutor;

“conviction” includes order, or minute or memorandum thereof;

“corporation” does not include a corporation sole;

“correctional facility” means any house, building, enclosure or place declared to be a correctional facility under the Correctional Services Act;

“correctional officer” means any person holding rank in the Correctional Services;

“Court” except where specifically stated, means the High Court or a district court as the case may be, in the exercise of its criminal jurisdiction, and includes the judge or a magistrate;

“crime” includes any offence;

“Criminal Division” means the division of the Court in which trials of indictable and summary complaints are conducted;

“dangerous” in relation to an act means likely or calculated to cause dangerous harm;

“deadly” in relation to an act means likely to cause death or which causes death;

“defendant” means the person against whom complaint has been made;

“deliver” includes causing a person to receive a thing or permitting a person to take a thing, whether directly or indirectly;

“Director of Correctional Services” means the person for the time being appointed as such under the Correctional Services Act;

“document” includes any document in writing whether of a formal or informal character, any disc, tape, sound track or other device on or in which information is recorded or stored by mechanical, electronic or other means;

“duress” means any force, harm, constraint, or threat, used with intent to cause a person against his or her will to do or to abstain from doing any act;

“fine” includes any pecuniary penalty, forfeiture, or compensation payable under an order;

“goods” include any goods, chattels, or anything which may be the subject of stealing;

“grievous harm” means any harm which amounts to a maim or dangerous harm or which seriously or permanently injures health, or which is likely so to injure health, or which extends to permanent disfigurement or to any permanent or serious injury to any external or internal organ, limb or faculty;

“guardian” in relation to a child, includes the person who has charge of, or has control over, such child;

“harm” means any bodily injury, disease or disorder, whether permanent or temporary;

“indictable offence” means any offence punishable on indictment under this Code or any other enactment;

“injury” means any harm, damage or trespass whatsoever illegally caused to any person or property;

“judicial proceeding” includes any civil or criminal trial, and any inquiry or investigation held by a judicial officer in pursuance of any duty or authority;

“judge” means a judge of the High Court of Justice;

“juror” includes an alternate juror;

“knowingly” in relation to any expression denoting uttering or using, includes knowledge of the character of the thing uttered or used;

“land” includes any immovable property;

“mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind, except intoxication;

“minor” means any person below the age of 12 years;

“money” includes bank notes, bank drafts, bills of exchange, cheques, and any other orders, warrants, authorities or requests for the payment of money;

“negligence” has the meaning assigned to it in section 58;

“newspaper” includes periodical;

“night” means the time between the hour of 8p.m. in the evening of a day and the hour of 6a.m. in the following morning;

“notified plant” includes—

(a) arrowroot, bananas, beans, cassava, cocoa, coconuts, coffee, dasheen, Indian corn, kola, logwood, limes, manioc, nutmegs, peas, pimento, plantains, sweet potatoes, sugar cane, tanias, tobacco, tonka beans, vanilla, yams;

(b) any other plant which Cabinet may by Notice in the Gazette determine;

“notified plant product” means—

(a) the product of any notified plant, whether or not it is in its natural state or is raw, cured or prepared for commercial purposes;

(b) any other plant product which Cabinet by notice in the Gazette declare to be a notified plant product;

“noxious matter” includes matter which is noxious only by reason of quantity taken or administered or of the circumstances under which it is taken or administered, or the state of health or peculiar bodily susceptibilities of the person by whom it is taken or to whom it is administered;

“offence” is an act, attempt or omission punishable by law;

“officer” in relation to a company or corporation includes any officer, chairman, director, trustee, manager, secretary, treasurer, clerk, auditor, accountant or any other person performing any function in respect of the company;

“officer of law” includes a sheriff, police or any other officer or person having authority for the time being to serve documents or execute process;

“order” includes any conviction;

“periodical” includes any newspaper, review, magazine, or other periodical publication;

“person” whether expressed or implied as in the word “any person who” or otherwise, includes a body of persons whether corporate or unincorporate; and for the purposes of any provision of this Code relating to defrauding a person or to committing any offence against the property of the person, the Government of this State, or of any other country or state, is deemed to be a person;

“plant” includes tree or any species of vegetable or any part of any such vegetable;

“poison” includes matter which is poisonous only by reason of the quantity taken or administered or of the circumstances under which it is taken or administered or of the state of health or the peculiar bodily susceptibilities of the person by whom it is taken or to whom it is administered;

“proper officer” includes the Registrar, clerk of the district court, sheriff or other officer or person appointed or deputed to perform any particular act or duty;

“property” includes money and all other property, land or personal including things in action or other intangible property;

“public officer” or “public official” includes a person employed in the public service;

“public place” or “public premises” includes any public way, building, place or conveyance to which the public are entitled or permitted to have access either without condition or upon condition of making any payment, and any building or place which is used for any public or religious meeting or assembly or as a Court;

“public service” means service in a civil capacity of Government;

“public way” includes any highway, market place, square, street, bridge, or other way which is lawfully used by the public;

“send” includes causing, or attempting in any manner to cause a thing to be received by a person;

“sentence” includes an order;

“special defence” includes the defence of alibi, duress, automatism, necessity, insanity or any defence tending to affect the question of liability of the accused;

“sum adjudged to be paid by order” includes any compensation or costs adjudged to be paid by the order, the amount of which is fixed by the order;

“summary offence” means any offence punishable on summary conviction under this Code, or under any other enactment;

“threat” has the meaning assigned to it in section 61;

“town” includes any village under the Local Authorities Act 1887;

“trust” includes the acquiring, holding, receiving, or having control over, or being in any manner entrusted with, any property for or belonging to another person, including property which belonged to a deceased person at the time of his or her death;

“trustee” means a trustee of an express trust created by any deed, will or instrument in writing, or by parole, or otherwise, and includes the heir or personal representative of a trustee, and any other person upon whom the duty of such trust devolves, whether by appointment of a Court or otherwise, and also an executor or administrator, and an official manager, assignee, liquidator or other like officer acting under any enactment relating to joint stock companies, bankruptcy or insolvency, and also includes the person who acquires, holds, receives, or has control over, or is in any manner entrusted with any property for, or belonging to another person, including property which belonged to a deceased person at the time of his or her death;

“utter” includes using or dealing with, and attempting to induce the person to use, deal with, or act upon, the thing in question;

“valuable security” includes any writing entitling or evidencing the title of the person to any share or interest in any public stock, annuity, fund or debt or to any deposit in any bank or any debenture, bill, note, warrant or other security for the payment of money or any authority for request for the payment of money;

“vehicle” includes any car, carriage, cart, wagon, wain, truck, barrow, tricycle bicycle, or other means of conveyance whatsoever, irrespective of how drawn or propelled;

“vessel” means any kind of ship, boat, or raft, whether used for navigating the sea or for any inland navigation;

“violence” means—

(a) any criminal force or harm to any person;

(b) any criminal damage to any property;

(d) the carrying or use of deadly, dangerous or offensive instrument in such a manner as is likely to cause in any person a reasonable apprehension of criminal force, harm, or damage to him or her or his or her property;

(e) such conduct as is likely to cause a reasonable apprehension of criminal force, harm or damage to him or her or his or her property;

“will” means any testamentary document, whether the same be formal or informal, complete or incomplete;

“wreck” includes the cargo, stores and tackle of any vessel and all parts of a vessel separated there from, and also the property of shipwrecked persons or property from any wrecked vessel;

“writing” includes typing, printing, lithography, photography or other mode of representing or reproducing words in a visible form;

“young person” means a person who is of or above the age of 12 years and under the age of 16 years.

(2) The expression “intention to defraud” in relation to any act of forgery, falsification or other unlawful act means an intent to cause by means of such forgery, falsification or other unlawful act, any gain capable of being measured in money, or the possibility of any such gain, to the person at the expense or to the loss of any other person.

(3) The expression “a person employed in the Public Service” includes a person who is by law authorized or required to discharge a particular duty to the public whether or not for a reward or remuneration and including, police officers and any person employed to execute any process of a Court.

(4) The expression “be in possession” or “have possession” includes not only having in one's own personal possession, but also—
1. (a) knowingly having—
  1. (i) in the actual possession or custody of any other person;
  1. (ii) in any place (whether belonging to or occupied by oneself or not) for the use or benefit of oneself or of any other person;
1. (b) where there are 2 or more persons, and any one or more of them, with the knowledge and the consent of the rest has or have anything in his or her or their custody or possession it shall be deemed to be in the custody or possession of each and all of them.

(5) The expression “public” or “the public” refers not only to the whole of Her Majesty's subjects within the jurisdiction of the Courts but also to persons inhabiting or using any particular place thereof or any numbers of the persons, and also to such indeterminate persons as may happen to be affected by the conduct with reference to which the expression is used.