R v Bennett (Nicholas)

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: WALKER J.A:
• Judgment Date: 20 December 2004
• Judgment citation (vLex): [2004] 12 JJC 2016
• Date: 20 December 2004

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE WALKER, J.A THE HON. MR. JUSTICE PANTON, J.A THE HON. MR. JUSTICE COOKE, J. A

R.

v.

NICHOLAS BENNETT

Jacqueline Samuels-Brown

Anthony Armstrong

CRIMINAL LAW - Illegal possession of firearm - Robbery with aggravation - Shooting with intent - Burden of proof - Duress

WALKER J.A:

1 On October 19, 2004, we gave a judgment whereby the Court refused this application for leave to appeal and ordered that the applicant's sentences should commence on February 11, 2003. We promised then to put the reasons for our decision in writing at a later date and we now do so.

2 On November 8, 2002 in the High Court Division of the Gun Court sitting in Kingston the applicant was convicted on three counts of an indictment which charged him with Illegal Possession of Firearm (Count 1), Robbery with aggravation (Count 2) and Shooting with intent (Count 3). Following upon those convictions the applicant was sentenced to seven years imprisonment at hard labour on Count 1 and nine years imprisonment at hard labour on each of counts 2 and 3, the sentences to run concurrently with each other.

3 The prosecution's case disclosed a daring daylight robbery committed some time after 3:00 p.m. on January 15, 2002. It was perpetrated by the applicant and two other men at a location described as the old Port Henderson beach in St. Catherine. While on the beach the complainant, Mr, Milton Robotham was robbed of cash totalling $200,000 by the applicant's two companions, one of whom was armed with a 9mm firearm. After committing the robbery the two men made their escape to a get-away car the driver of which was the applicant. As the vehicle sped away, Mr. Robotham gave chase in his motor car. During the course of that chase gun-shots coming from the applicant's car were fired at Mr. Robotham's car. Some of those bullets, Mr. Robotham said, actually struck the bonnet of his car. This was confirmed by a prosecution witness who gave evidence of observing after the event what he described as a "bullet wound" to the bonnet of Mr. Robotham's car. But to return to the chase following the robbery, that chase eventually ended somewhere along the South-Boro main road when Mr. Robotham drove his car deliberately into the right front fender of the applicant's car, in the process blocking the applicant's exit from the car. The applicant's two companions, one with gun in hand, exited the car on the left side of the vehicle and made good their escape. The applicant was immediately apprehended by a police officer, Inspector Pullock, who had arrived in the vicinity having received a report of the robbery and who, himself, had witnessed a part of the chase and the collision between the two cars. Both Mr. Robotham and Inspector Pullock gave evidence of seeing only two men exit the applicant's motor car and run away after the collision.

4 In his defence the applicant gave an unsworn statement in which he said that he was a taxi driver, and admitted having been the driver of the Toyota Corolla motor car from which he said he was taken by the police after the collision with Mr. Robotham's motor car. He said his car had been chartered by three men who ordered him, under threat of death, to take them to the Forum beach. He said he did so in obedience to that order. His defence was that at all times he acted under duress and was never a willing...