R v Dingwall (George)

• Jurisdiction: Jamaica
• Judge: HARRISON, J.A.
• Judgment Date: 11 October 1999
• Neutral Citation: JM 1999 CA 59
• Judgment citation (vLex): [1999] 10 JJC 1102
• Court: Court of Appeal (Jamaica)
• Date: 11 October 1999

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE RATTRAY, P THE HON. MR. JUSTICE HARRISON, J.A THE HON. MR. JUSTICE PANTON, J.A. (Ag.)

REGINA

vs.

GEORGE DINGWALL

Delano Harrison for the appellant

David Fraser and Dawn Eaton for the Crown

CRIMINAL LAW - Carnal abuse - Corroboration - Whether trial judge misdirected jury on issue of corroboration

HARRISON, J.A.

1 The appellant was tried and convicted of the offence of carnal abuse of R.W. at the Home Circuit Court on 4th October, 1996, and sentenced to seven years imprisonment at hard labour.

2 At the hearing of this appeal we allowed the appeal, quashed the conviction, set aside the sentence and entered a verdict of acquittal. As promised these are our reasons in writing.

3 The prosecution's case was that on a day unknown between the 1st day of December, 1993, and the 31st day of January, 1995, the appellant, who was the pastor of the church attended by the complainant and her aunt, called the complainant over to his house. He asked her if anyone was at her home, closed the windows and doors, took off her panty and shorts, put her in his lap, inserted his penis in her vagina and had sexual intercourse with her. She cried and he placed a bit of cloth in her mouth and then gave her one hundred dollars ($100.00). The complainant's aunt, Deborah Clarke gave evidence that the complainant was born on 23rd April, 1985, and therefore at the date of the offence was under the age of 16 years, namely under 12 years of age. She further stated that the appellant was the pastor of her church, she was accustomed to visit the pastor's house to assist his wife who was ill, and the complainant made a report to her. The medical evidence revealed that on examination by the doctor in March, 1995, the hymen of the complainant was ruptured.

4 The appellant gave evidence that he is a minister of religion and lived with his wife across the road from the complainant's family. He agreed that the complainant's aunt, Deborah would come to his house to assist his wife. The complainant only came to his house when her aunt was there and the latter would send her back home. He said that the aunt, Deborah ceased coming to his house after he rebuked her for showing him a picture of a nude man and women. He denied that he had had sexual intercourse with the complainant and also denied every allegation in respect of the charge.

5 Counsel for the defence, at the trial, suggested to the complainant that her aunt, Deborah Clarke told her what to say in her allegations against the appellant. This the complainant denied.

6 The ground of appeal argued before us was:

"That the learned trial judge misdirected the jury with respect to the law governing corroboration as it related:

• (1) to the evidence of virtual Complainant, R.W.a child of tender years (11 years old at the material time), and

• (2) to the offence of carnal abuse with which the Appellant was charged.

7 In support of this ground, counsel for the appellant argued that the learned trial judge failed to warn the jury of the risk of convicting on the uncorroborated evidence of children...