Kevin Balfour v R

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Panton P
• Judgment Date: 16 May 2012
• Neutral Citation: JM 2012 CA 39
• Docket Number: SUPREME COURT CRIMINAL APPEAL NO 41/2010
• Date: 16 May 2012

[2012] JMCA Crim 23

JAMAICA

IN THE COURT OF APPEAL

Before:

The Hon Mr Justice Panton P

The Hon Mr Justice Morrison JA

The Hon Miss Justice Phillips JA

SUPREME COURT CRIMINAL APPEAL NO 41/2010

Kevin Balfour

and

R

Dr Randolph Williams for the applicant

Jeremy Taylor and Mrs Lori-Anne Cole-Montaque for the Crown

CRIMINAL LAW - Murder - Application for leave to appeal - Whether there was adequate summation by trial judge

Panton P

1 The applicant was convicted in the Home Circuit Court, Kingston, on 2 February 2010 of the offence of murder arising from the killing of Durval Anglin on 17 April 2007. He was sentenced on 24 February 2010 to 15 years' imprisonment at hard labour, with a specification that he should serve 10 years before becoming eligible for parole.

2 A single judge of this court refused leave to appeal while indicating that the learned trial judge, Cole-Smith J had adequately dealt with the issues of self defence, provocation and accident. The real issue in the case, said the single judge, was the credibility of the witnesses. He ordered that the sentence should commence on 7 April 2010.

3 Dr Randolph Williams, for the applicant, appeared before us this morning and indicated that there was nothing that he could usefully urge to challenge the conviction of the applicant. He agreed that the evidence was clear and the summing up adequate in the circumstances. He informed us that he had communicated this position to the applicant who fully understood the situation.

4 Having perused the transcript of the proceedings, we agree with the conclusion arrived at by Dr Williams. In the circumstances, we refuse the application and ordered that the sentence was to commence on 7 April 2010, as had been ordered by the single judge.

5 For the record, we state the facts briefly. The deceased and the applicant were among persons at premises 155 Church Street, Fletcher's Land, Kingston, at about 9:00 a.m. on 17 April 2007, when an argument developed between them. During the argument, the deceased told the applicant “about his mother in an angry way”, according to one of the witnesses. They started to fight. After they were separated, the applicant went into his room and changed his clothes. He returned to the scene armed with a “three star ratchet knife” which he opened. He also had “a half lass” which he placed in his waist. He proceeded immediately on his return to use the knife to stab the...