R v Campbell (Noel) and Robert Levy

• Jurisdiction: Jamaica
• Judge: McCALLA, JA:
• Judgment Date: 27 April 2007
• Neutral Citation: JM 2007 CA 18
• Judgment citation (vLex): [2007] 4 JJC 2703
• Court: Court of Appeal (Jamaica)
• Date: 27 April 2007

JAMAICA

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE HARRISON, P THE HON. MR. JUSTICE COOKE, J.A THE HON. MRS. JUSTICE MCCALLA, J.A

R

v

NOEL CAMPBELL ROBERT LEVY

Bert Samuels

Chester Crooks Miss Winsome Pennycooke

CRIMINAL LAW - Sentencing

McCALLA, JA:

1 1. The applicants, Noel Campbell and Robert Levy were convicted on June 19, 2003 in the High Court Division of the Gun Court on an indictment containing 3 counts which charged them jointly with the offences of illegal possession of firearm, rape and robbery with aggravation. Each was sentenced to 10 years imprisonment on count 1, 20 years on Count 2 and 10 years imprisonment on Count 3. The application for leave to appeal in each case was refused by a single judge , hence this renewed application before us.

2 2. The facts which gave rise to the convictions may be briefly stated and are as follows:

3 On September 8, 2002, at about 5:15 a.m. the complainant was walking along Waltham Park Road on her way to work. Both applicants walked towards her armed with guns pointed at her. Under threat of being shot they ordered her to go on a gully bank and jump in the gully. Both applicants then went into the gully where they took turns in sexually assaulting her. Each had sexual intercourse with her from behind with her leaning forward while the other stood in front of her at about 7 feet away pointing a gun at her. They then robbed her of $1000 in cash and ordered her out of the gully. The incident lasted for about 30 minutes. While she was on Waltham Park Road before she went in the gully she was able to see the faces of the applicants for about one minute with the assistance of a street light that was across the road from where she was with the men. She was also able to see them in the gully as whilst she was in the gully it was almost fully daylight and the gully was not dark. She testified that she was looking at the faces of the applicants as " I was trying to make certain that if I see them again I would be able to identify them and make certain that they were the persons."

4 3. The complainant testified that she had seen the applicant Campbell once before on Renford Road and the applicant Levy she had seen before at her workplace. On the 8 ^th January, 2003 she saw and recognized the applicant Campbell at Half Way Tree, called the police and pointed him out. On 3 ^rd March, 2003 she saw and recognized the applicant Levy at Popeye's at Half Way Tree and pointed him out to the police.

5 4. Both applicants made unsworn statements in which they refuted the charges and relied on the defence of alibi.

6 5. Supplemental grounds of appeal were filed on behalf of both applicants. Ground 1A of the applicant Campbell's supplemental grounds was argued in respect of both applicants. It reads as follows:

"1. The learned trial judge erred when he failed to adequately assess the Identification evidence in the trial and in particular the evidence...