Alwin Stone v R

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Morrison JA
• Judgment Date: 03 June 2014
• Neutral Citation: [2014] JMCA Crim 40
• Docket Number: SUPREME COURT CRIMINAL APPEAL NO 108/2008
• Date: 03 June 2014

[2014] JMCA Crim 40

JAMAICA

IN THE COURT OF APPEAL

Before:

The Hon Mr Justice Morrison JA

The Hon Mrs Justice Mcintosh JA

The Hon Ms Justice Lawrence-Beswick JA (Ag)

SUPREME COURT CRIMINAL APPEAL NO 108/2008

Alwin Stone

and

R

CRIMINAL LAW - Incest - Indecent assault - Whether sentence manifestly excessive

ORAL JUDGMENT

Morrison JA

1 In this matter, the applicant was convicted on one count of incest and two counts of indecent assault in the Home Circuit Court on 31 July 2008. He was sentenced to five years imprisonment on the count charging him with incest and three years' imprisonment on each of the two counts charging him with indecent assault. The learned trial judge ordered that the sentences on counts two and three were to run concurrently, but consecutive to the sentence on count one. So the total sentence to be served by the applicant was eight years' imprisonment at hard labour.

2 The applicant's application for leave to appeal was first considered by a single judge of this court on 7 October 2010, when it was refused. The learned single judge considered that the main issue in the case was credibility, that the learned trial judge had given adequate directions and that the jury by its verdict had obviously accepted the complainant's evidence. The single judge also took...