Dalton Russell v R
| Jurisdiction | Jamaica |
| Judge | PANTON, J.A. |
| Judgment Date | 29 October 2003 |
| Judgment citation (vLex) | [2003] 10 JJC 2901 |
| Court | Court of Appeal (Jamaica) |
| Date | 29 October 2003 |
CRIMINAL LAW - Murder - Whether appellant withdrawn from the common design - Misdirection
1. On June 4, 2003, we dismissed this appeal and affirmed the conviction and sentence with an order that the sentence was to commence as of January 25, 2002.
2. The appellant was convicted on October 18, 2001, of the murder of one Devon Smith and was sentenced on October 25, 2001, to imprisonment for life at hard labour. The trial took place at the Manchester Circuit Court, Mandeville, presided over by Mr. Justice Donald McIntosh.
3. The deceased and his wife Mary, both vendors, lived in Farm district, Manchester. On the morning of May 19, 2000, the deceased left home on his bicycle to sell cigarettes which he had with him. He did not return home. The following morning, a report was made to the police. On the third day, an alarm was raised and a search commenced in earnest. Soon thereafter, the body of the deceased was found buried under a bridge on the Barrack Hall main road, Manchester. The throat of the deceased had been cut, and there was a large wound on the left forearm. His trousers had been torn down the centre of the back and the left side pocket turned out and cut off. His shoes and belt were missing. The bicycle was in the bushes not far away from the body, but there was no sign of any cigarettes or money.
4. A post mortem examination was conducted on the body by Dr. Derrick Ledford on May 27, 2000. He found that there had been partial decomposition of the body, and that there was a six inch deep chop to the left forearm, a battered four inch mark to the forehead and a four inch cut to the anterior neck cutting through the trachea and major blood vessels. Death was due to shock, due to haemorrhage, due to the cut to the anterior neck. The cut to the forearm was described by Dr. Ledford as a defensive wound.
5. The prosecution's case consisted of a cautioned statement given by the appellant to the police. This statement was recorded on May 24, 2000, in the presence of Mr. Eric Sanderman, a Justice of the Peace for the parish of Manchester. There was no dispute in relation to the contents of the statement or the manner of its taking, so it was admitted into evidence without demur.
6. The statement reads thus:
"Friday the 19 th of May, 2000, 'bout 2 o'clock in the evening mi did deh down a Lisa yard a cook fish tea. Mi did a help Lisa hold her baby because mi just love the little baby. Same time two boy, Wayne Hunter, whey the people call 'Wicked Man' and the next boy name Kevin who call Blacks, come down deh and a talk to themselves. Dem come in a the room. Wicked Man build a spliff and gi mi a draw. Mi never did waan tek it. Him force mi to tek it and mi tek it and tek two draw. Mi eye get red and a run water and mi feel a way, and mi seh mi a go up a mi yard. As mi reach up deh, a dem mi see come and seh dem a go up a di hill, mi must carry dem go up deh. Wicked Man have one something wrap up in a one shirt. Mi follow dem go up a the road. When mi reach up a the road, Wicked Man tek out the something out a the shirt. Mi see seh a one gun. Him tek out one wig out a him pocket and put it on and put on a darkers. Blacks did have on a black hat and him put on a Barkers. Wicked Man put on two gloves. One is a whitish colour gloves with some black black dots pon it, and the other is a full white. The white one with the dots dem a fi mi. Him did borrow it from mi. Mi stand up a eat a mango. Mi and Blacks deh pon one side a the road and Wicked Man deh pon the other. Blacks seh, "see the boy yah a come". Same time mi see the cigarette man a push him bicycle a come. Wicked Man run out pon him with the gun and seh, "hey boy, don't move". The man seh, "yuh can kill mi. Wicked Man seh "hey pussy hole you nuh hear mi seh yuh nuh fi move". The man a walk same way. Wicked Man hold the man from back way and put the gun in a him side and the man a wrestle with him same way. Wicked Man seh "Blacks come hold the boy nuh". The man wrastle with dem and him lick the man in a him head with the gun. The man call out, Rally, Rally two times. Blacks then hold the man and Wicked Man seh to mi , "hey boy yuh nah come hold the man to". Mi hold the man hand and Wicked Man run to tek up a piece of wood an put down the gun and come back and lick the man in a him head 'bout five times. We let go the man and him drop a ground. Blacks tek up the bicycle and run go down in a one piece a bush. The bicycle did have on the cigarette bag pon the handle tie down. Blacks run come back up and hold the man hand an Wicked Man hold him foot and carry him over the gully. Wicked Man tek out him knife, one ratchet knife, and mi see him a cut but mi never know what him a cut. Mi kind a walk weh and Wicked Man seh, "hey boy how you a move so". Wicked Man first come out a the gully with the knife in a him hand with pure blood pon it. Him have a piece a pocket in a him other hand. Then Blacks come out behind him. Wicked man tek up the gun and seh, "hey boy, you a move like informer". Mi said you shouldn't kill the man, an him seh, "mind yuh end up like him". The three a wi walk in a the little track down weh the bicycle deh and Wicked Man pull out him money out a the pocket and the two a dem count it. Wicked Man burn some of the money with one blue 'kerchief. After that the three a wi left and mi go down a mi yard. Dem go through one next lady yard and go weh. Mi could not tek it. The Saturday mi go dung a mi mother yard at Ebony Park, a place name Decoy, and tell her and mi step-father, who is a District Constable, an him tell mi fi go dung a Porus Police...
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