R v Jones (Vincent)
| Jurisdiction | Jamaica |
| Judge | HARRIS, J.A. (Ag.): |
| Judgment Date | 07 April 2006 |
| Neutral Citation | JM 2006 CA 21 |
| Judgment citation (vLex) | [2006] 4 JJC 0708 |
| Court | Court of Appeal (Jamaica) |
| Date | 07 April 2006 |
CRIMINAL LAW - Evidence - Identification
The appellant was convicted on October 6, 2004 in the High Court Division of the Gun Court in Montego Bay, St. James. He was charged on an indictment containing 3 counts. The first count charged him with the offence of illegal possession of firearm, the second charged him with burglary and the third with rape. He was sentenced to a term of imprisonment of 15 years hard labour on count 1, 20 years hard labour on count 2, and 25 years hard labour on count 3. The sentences are to run concurrently.
The evidence of the complainant is that on the morning of April 24, 2004, she was at her home with her two nieces. She was asleep in her bedroom when she was awakened by the sound of the door being opened. A man armed with a gun entered the room and covered her head with a sheet.
He asked her for money. She told him she had none. The appellant entered the room shortly thereafter. Both men carried out a search of drawers in the room. The appellant left the room and then returned. On his return, with the sheet still covering her head, he pulled her to the edge of the bed and had sexual intercourse with her without her consent.
When the men entered the room, a television set which was on a what-not above her head, was on, the light from which aided her to view the face of the appellant. The sheet which covered her head was not thick. Prior to the day of the incident, she had seen the appellant briefly, on two separate occasions at a market where her mother works. He would greet her mother while passing the market.
On June 28, 2004 she saw him. She spoke to her mother and then called the police. On the arrival of the police, she pointed him out to them after making a report. The appellant was taken into custody, arrested and charged with the offences for which he had been convicted.
In an unsworn statement the appellant denied knowledge of the matter. He asserted that he first learnt about it at the time of his arrest. This the learned trial judge rejected.
At the end of the crown's case, counsel for the appellant made a no case submission which the learned trial judge did not uphold.
The grounds on which the appellant relies are as follows:
Ground 1
"1. The learned Trial Judge erred in law. In that he failed to uphold a submission of no case to answer in circumstances where the quality of the identification evidence was weak and manifestly unreliable."
Ground 2
"The sentence of twenty five years (25) was manifestly excessive having regard to all the circumstances."
Ground C (of the original grounds)
"The verdict is unreasonable having regard to the evidence."
Before giving consideration to the grounds it is apt to make reference to the law touching a no case submission as well as the issue of evidence of identification.
On a submission of no case to answer, the approach which ought to be adopted by a trial Judge, was enunciated by Lord Lane C. J., in R v Galbraith [1981] 2 ALL ER 1060, at page 1062 he said:
"Where the judge comes to the conclusion that the Crown's evidence, taken at its highest, is such that a jury properly directed could not properly convict on it, it is his duty, on a submission being made, to stop the case. Where however the Crown's evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability, or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence on which...
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