R v Alexander Hutchinson, David Hutchinson
| Jurisdiction | Jamaica |
| Judge | COOKE J.A. (Ag.) |
| Judgment Date | 29 September 2003 |
| Neutral Citation | JM 2003 CA 40 |
| Judgment citation (vLex) | [2003] 9 JJC 2901 |
| Court | Court of Appeal (Jamaica) |
| Date | 29 September 2003 |
CRIMINAL LAW - Wounding with intent - Offences Against the Person Act. s. 20 - Leave to appeal - Self-defence - Non-disclosure of statements
The Case for the Prosecution
The factual basis of the case for the prosecution was provided by the sole witness, Norman Wilson, the virtual complainant. On the 30 th October, 1999, at about 9 a.m., Wilson was walking on his way from Gravel Heights proceeding to St. Jago Gardens in the parish of St. Catherine. He met Alexander Hutchinson (Alexander) who was walking towards him from the opposite direction. As they met, Alexander accused Wilson of being a "tiefing bowy" (sic) and that he, Wilson, "use to tief out officer Harvey corn". "Yuh use to tief dis and yuh use to tief dat." Wilson denied the accusation. Then Alexander passed him and ran to a stone heap and took up two stones and started shouting to his little son — "Boysie, Boysie, bring mi machete come." At this stage Wilson continued on his way "cause I say a not facing him, let him feel I was looking at him." Next Alexander started coming towards Wilson at a fast pace, and passed him with two stones in his hand. Wilson continuing on his way was stopped by one Jackie and they had a conversation in Jackie's yard. While having this conversation, Alexander "appear up", and said to him, "whey yuh nuh come out a Jackie yard. Whey yuh a do in a Jackie yard?" - to which Wilson replied, "I don't into no war with you so, I don't kncw why you come wid cutlass." Alexander then swung the machete at the neck of Wilson who took evasive action and started to run. The wet conditions underfoot caused him to slide and he fell.
As he got up to run again, "there comes Dave Hutchinson, (David) wid a cutlass." (David is the son of Alexander). Then David "chop mi on the shoulder here (indicating). This chop slow mi up mek the father come." After he was chopped by David, Wilson "glimpse Mr. Hutchinson (Alexander), a shadow coming down with him hand in the air with the cutlass". All Wilson could do was to hold up his left hand and "block the chop." He next runs off and jumps over a cliff. "And when time a drop into the cliff a saw his two daughter fling some big stones hitting me all over mi body." Wilson then runs into the yard of a Miss Beckford. While he was there David and Alexander tried to enter the yard but were prevented by Miss Beckford. David said to him "you tink a yuh hand wi did waan a yuh head." By this his "hand middle" "was leaking blood hard". Wilson walked away from Miss Beckford's yard and after he had gone about a chain from there he fainted and he next found himself at the Spanish Town Hospital.
At the hospital after he regained consciousness he saw David and Alexander and he felt afraid so he shouted, "Nurse, nurse si di two man dem way chop mi up a come like dem a come fi come finish kill me." David spoke to him and said "you give yourself too much trouble." When Wilson saw Alexander in the hospital — he saw blood on the back of his shirt. Wilson knew not how that blood came to be there. He spent about three weeks in the hospital and the injury he received resulted in an amputation of the left upper limb above the elbow. During his evidence Wilson showed the jury where he got the chop on his shoulder. The record does not reveal any description of what was seen by the jury.
Constable Everton Roberts is the investigating officer. On the 1st of November 1999, he went to the Spanish Town Hospital where he saw Wilson. He noticed that Wilson had a bandage to his left hand at the elbow and the lower part of that hand was missing. He collected a written statement and commenced his investigation. On that same day he saw Alexander in the guard room. He told him of the report against him to which Alexander replied, "Officer a him fuss attack mi, use one stone buss up mi head and jook me under mi left eye wid a ice-prick, and mi use mi machete and chop him". At that time he noticed that Alexander had a bandage to the side of his head and a wound under his eye. Previously on the 30 th , Alexander and David had come to the station at about 12 noon and at that time he observed that Alexander was bleeding from a wound to his head and there was a wound underneath his eye.
Dr. Dean Wright saw Wilson on the 30th October, 1999. His findings on the examination of Wilson were that the latter had a deep laceration to the left hand that traversed the palm of the hand in a longitudinal position along the line of the palm. There was the development of a very serious infection called gangrene which necessitated an amputation above the elbow. The wound in his view was consistent with being inflicted by a machete. It was also the opinion of the doctor that the injury was "a defensive injury". He described defensive injuries as "injuries that are sustained during the act of interpersonal violence, when the victim makes evasive — when the victim attempts to evade blows."
The defence of Alexander and David as projected throuqh cross-examination
In respect of David the stance was that he was never present at the scene and therefore was in no way a participant. As for Alexander, Wilson was the aggressor. Alexander's daughter, Megan, was in a relationship with Christopher, the younger brother of Wilson, and both lived at the family home. Wilson wanted her to leave. At the scene in an aggressive manner Wilson demanded, in language peppered with expletives that he take his daughter from his house. Further, Wilson flung a stone which caught Alexander and felled him. As Alexander got up, Wilson "jam the ice pick underneath his eye". As to the circumstance which obtained resulting in the injury to the left hand of Wilson the record reveals as follows:
"Q. And Mr. Hutchinson, after you had the ice pick like that in the stabbing position, Mr. Hutchinson pulled his cutlass from the bag, from the travelling bag that he had and in pulling it out, the sharp end of the machete caught you on your hand.
A. No, is chop him chop me.
HIS LORDSHIP: Just one moment. Pulled?
MR. CLARKE: Pulled the machete out of the bag.
HIS LORDSHIP: And the?
Q. And the machete, the sharp machete caught you in the palm of your left hand.
A. How him fi pull it out a him bag and it caught me in the palm of my left hand?
Q. That never happened?
A. That never happen, no.
Q. You were still stabbing at him with the ice pick.
A. No, sir, no, sir
Q. And poor Mr. Hutchinson fanning you away with his machete to protect himself.
A. No man, him just come dung like a 'guinegog' and chop off a mi neck and a bad man yuh nuh, a wicked man dung deh.
Q. And in fanning you off, the machete caught you on your shoulder, your left shoulder.
A. No, Dave Hutchinson chop me, two of them chop me, two chop a get from two separate cutlass."
Wilson did not deny the relationship between Christopher and Megan and that they lived in the family home. However he was adamant that he did not come to court to give evidence about that. He refused to be drawn into any discussion pertaining to this aspect. He insisted he came to court about his hand.
Defence of Alexander Hutchinson
Alexander affirmed. He said at the relevant time he was on his way to his farm at Point Hill. He had with him a brown bag over his shoulder. This bag, contained a machete. He recounted how Wilson confronted him demanding that he remove his daughter, Megan, from his house. He described the aggressive posture of Wilson. He said Wilson picked up two stones. Both were flung at him. The first one missed its mark. Then the record states as follows:
Q. After he flung the first stone, what is the first thing he said or did?
A. He shub the next stone in his right pocket and he took out an ice-prick.
Q. After he took out the...
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