R v Davis (Jeffrey)

• Jurisdiction: Jamaica
• Judge: HARRISON J.A. (Ag):
• Judgment Date: 20 December 2004
• Neutral Citation: JM 2004 CA 50
• Judgment citation (vLex): [2004] 12 JJC 2013
• Court: Court of Appeal (Jamaica)
• Date: 20 December 2004

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE BINGHAM, J.A THE HON. MR. JUSTICE SMITH, J.A THE HON. MR. JUSTICE HARRISON, J.A. (Ag.)

SUPREME COURT CRIMINAL APPEAL NO. 203 of 2002

REGINA

v

JEFFREY DAVIS

Alanzo Manning

Miss Tricia Hutchinson

CRIMINAL LAW - Murder - New trial ordered - Self-defence - Provocation - Unfair trial

HARRISON J.A. (Ag):

1 The appellant was convicted of murder on the 25 ^th November 2003, before Marsh J. and a jury in the St. Catherine Circuit Court held at Spanish Town. The particulars of the offence were that on a day unknown between the 26 ^th December 2001, and the 2 ^nd January 2002, the appellant murdered Damion Thomas. Following the appellant's conviction the learned trial judge ordered that he should serve a period of eighteen years before becoming eligible for parole.

2 The appellant appealed his conviction and sentence and on the 30 ^th June 2004 we allowed the appeal, quashed the conviction, and set aside the sentence imposed on him. In the interests of justice we ordered a new trial of the case and for this to take place at the earliest opportunity. We now give our reasons as promised.

3 In view of the manner of disposal of the present appeal, we consider it unnecessary, to go into a detailed examination of the facts.

4 The case for the prosecution was that the deceased and friends had attended a Christmas treat for children at Kitson Town square on the 26 ^th December 2001. The appellant was standing in close proximity of the deceased when suddenly he ran in the direction of his house. He returned in a short time with a machete in his hand. His sister shouted; "See a Cottage boy deh". The appellant then chopped the deceased in his head with the machete and ran off.

5 Larkland Williams, an eyewitness to the chopping, said the deceased had a bottle of beer and a closed ratchet knife in his hand at the time he was chopped. He had used the knife to open the bottle of beer. Williams also testified that he did not see the deceased or anyone attack the appellant that night.

6 The deceased succumbed to his injury and as a consequence, the appellant was charged with the offence of murder. The cause of death was due to a chop wound to the right side of his head accompanied with compound fractures.

7 The appellant testified that during the night of the 26 ^th December 2001, he was at Kitson Town square when the deceased and others attacked him and had "beat him up". He said, one of his attackers was armed with a machete in his waist and when that...