Edwards (Byron) v R

• Jurisdiction: Jamaica
• Judge: PHILLIPS, J.A.
• Judgment Date: 06 November 2009
• Neutral Citation: JM 2009 CA 106
• Judgment citation (vLex): [2009] 11 JJC 0605
• Court: Court of Appeal (Jamaica)
• Date: 06 November 2009

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE PANTON, P THE HON. MR. JUSTICE DUKHARAN, J.A THE HON. MISS JUSTICE PHILLIPS, J.A

BYRON EDWARDS

V.

REGINA

Miss Nancy Anderson for the applicant.

Miss Paula Llewellyn, Q.C., Director of Public Prosecutions and Mrs. Tracey-Ann Johnson, Crown Counsel for the Crown.

CRIMINAL LAW - Murder - Provocation - Court of Appeal Rules, Rule 3.22(1)

PHILLIPS, J.A.

1 The applicant Byron Edwards was indicted and tried jointly with his father Ervin Edwards in the Saint Catherine Circuit Court for the murder of Lester Edwards. He was convicted on the 23 ^rd of January 2007 and sentenced on the 29 ^th January 2007, after a trial before Mangatal J. and a jury. The applicant was sentenced to twenty (20) years imprisonment at hard labour with a specification that he is to serve twelve (12) years before becoming eligible for parole. Ervin Edwards was sentenced to fifteen (15) years imprisonment at hard labour, and is to serve ten (10) years before becoming eligible for parole.

2 Both convicted persons appealed against the sentences imposed. However, on the morning of the 5 ^th October, 2009, when the applications were to be heard, a Notice of Abandonment, pursuant to Rule 3.22 (1) of the Court of Appeal Rules was filed by Ervin Edwards who therefore abandoned all further proceedings in this matter, and rightly so, as he was given the minimum sentence as well as the minimum time before eligibility for parole, for the offence committed. As a result, an order that the sentence should commence from the date of conviction was made, on an application made by his counsel, on the basis that the court's time had been saved by him having taken this step. On the 9 ^th day of October 2009, we dismissed the Bryon Edwards' application for leave to appeal against sentence and promised to put our reasons in writing. This we now do.

The Prosecution's Case

3 Anthony Irvin, a farmer of Cedar Valley, Redwood in the parish of St. Catherine, the main eyewitness for the prosecution, gave evidence that on the 4 ^th February, 2004, he was at Mr. Jerky's yard in Cedar Valley catching some water from his pipe when he heard "Undo cussing" (the deceased was called "Undo"). The deceased passed him with a machete in his hand and went to his "old yard", which was about two hundred metres from him, and then returned still "cussing". Mr. Irvin also stated that he saw when Ervin Edwards went out on the road where the deceased was, and he saw when the deceased threw the machete in the bushes and heard when he said "mi nuh in a no war". Ervin Edwards had a ratchet knife and a dagger in his hands. The deceased, he said took up a stone from the roadside and said, "Reds a nuh mi kill yuh father so if yuh want to kill mi, kill mi Reds" (Ervin Edwards was called "Reds"). In response, Ervin Edwards said, "yes a dead yuh fi dead long time yuh know bwoy". Subsequent to this exchange, the witness said, they "clash up" from there; they fell to the ground while throwing punches at each other. The knife was still in the hands of Ervin Edwards and eventually the witness said he saw blood on the merino of the deceased. At this time Ervin Edwards was standing, while the deceased was trying to get up by holding on to the wire fence but he appeared to be "weak out". Nevertheless, he moved off and tried to head on up to his yard. It was at this time that the applicant Byron Edwards came from his father's yard with a ratchet knife and held the knife at the deceased's neck and said, "Daddy sey a dead yuh fi dead yuh noh bwoy" then drew the knife at his neck cutting his throat. The witness said he saw blood running down from...