30th November 2022

Police seeking in locating Preston Marcellin Whilst in custody, he attempted to commit suicide and was escorted to the OKEU Hospital

By RSLPF

The Royal Saint Lucia Police Force is seeking the assistance of the general public in locating Preston Marcellin, a twenty-six (26) year old resident of Cedars, Castries.

Marcellin, who was charged for Attempted Kidnapping, Harm, Assault and Damage to Property on Wednesday, November 23, 2022, was remanded in custody. Whilst in custody, he attempted to commit suicide and was escorted to the OKEU Hospital for care. Whilst admitted, Marcellin escaped from the facility.

Anyone with information regarding his whereabouts is asked to contact the nearest police station, the Criminal Investigations Department at 4563770, or the Crime Hotline at 555 for anonymous reporting.

Persons who are minded to assist Marcellin are reminded of Section 402 (a) of the Criminal Code of the Revised Laws of Saint Lucia.

402. Harbouring or aiding criminal

A person who knowing or having reason to believe that another person has committed or has been convicted of any crime, aids, conceals, or harbours that person, with the intention of enabling him or her to avoid lawful arrest or the execution of his or her sentence, or to escape punishment, is liable —

(a)     if the crime is punishable with death or with imprisonment for 14 years or more, to imprisonment for 7 years, on conviction on indictment;

(b)     if the crime is an indictable offence other than that referred to in paragraph (a), to imprisonment for 5 years, on conviction on indictment;

(c)      if the crime is a summary offence, to a fine of $1,000 on summary conviction unless the Court is of opinion that in the circumstances there should be no conviction or punishment owing to the trivial nature of the offence or other sufficient reason.

Other relevant Sections:

120. Kidnapping

 (1)   If a person without lawful excuse, proof of which lies on him or her takes or carries away another person by force or deception without the consent of that person he or she commits the offence of kidnapping and is liable on conviction on indictment to imprisonment for 20 years.

(2)   A person who knowing that an offence under subsection (1) has been committed in respect of another person assists or encourages the execution of the intent with which the offence was committed, also commits that offence.

(3)   It is no defence to show that the person so kidnapped did not resist unless it appears that the kidnapping was not caused by threats or force.

78. Punishment for attempt to commit crime

(1)   Where a person is convicted of attempting to commit an offence, he or she is liable to the punishment to which he or she would have been liable if the offence had been committed.

(2)   Where an act amounts to an offence under any provisions of this Code and at the same time constitutes an attempt to commit some other offence a person who commits an attempt to commit that offence, is liable to be punished under that provision or under this section.

97. Reckless harm

(1)   A person who intentionally causes harm to another is liable on conviction on indictment to imprisonment for 5 years or on summary conviction to imprisonment for 2 years.

(2)   A person who recklessly causes harm to another is liable on conviction on indictment to imprisonment for 2 years or on summary conviction to imprisonment for 6 months.

292. Explanation of unlawful damage and amount of damage

(1)   Except as otherwise expressly provided in this Sub-Part, any person who intentionally or recklessly causes damage to any property is liable on conviction on indictment to imprisonment for 15 years.

(2)   It is immaterial whether or not the person accused of an offence under subsection (1) is in possession or occupation of such property.

(3)   A person who has jointly or in common with other persons interest in such property as owner or otherwise, or who is a trustee may commit an offence under subsection (1).

(4)   A person who is sole owner of such property for his or her own benefit may commit any crime punishable under this section with respect to any act done with intent to injure or defraud any other person or to cause harm to any other person, although such act is not otherwise unlawful.

(5)   Despite the provisions of Part 2 of Chapter One as to mistake of law, a person is not liable to punishment under the provisions of this section in respect of anything done in good faith and which he or she believes he or she is entitled to do.

(6)   Where proof of an intention to cause damage to a certain amount is required by any provisions of this Code relating to unlawful damage, it is not necessary that damage to that amount should be intended or done or intended to be done to any individual thing of a kind mentioned in any such provision, but it is sufficient if damage to that amount in the aggregate is intended or done, as the case may be, to any number or combination of such things.

(7)   Where different punishments are provided by any provisions of this Code with respect to unlawful damage according to differences in the amount or damage caused, a person who is accused of having attempted to cause damage to a greater amount shall not be acquitted or relieved of liability to the greater punishment on the ground that he or she actually caused damage to a lesser amount.

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