R v Wright

• Jurisdiction: Jamaica
• Court: Court of Appeal (Jamaica)
• Judge: Rowe, P.
• Judgment Date: 29 June 1987
• Neutral Citation: JM 1987 CA 45
• Docket Number: Criminal Appeal No. 15 of 1987
• Date: 29 June 1987

Court of Appeal

Rowe, P.; White J.A.; Bingham J.A. (Ag.)

Criminal Appeal No. 15 of 1987

R

and

Wright

Appearances

No appearance on behalf of the applicant.

Mr. Courtney Daye for the Crown.

Criminal law - Conspiracy — Causing money to be paid on forged cheques — Counsel for Crown conceded that the circumstantial evidence fell far short of required standard — Appeal allowed — Conviction quashed — Sentence set aside.

Rowe, P.

1 The applicant was convicted in the Home Circuit Court before Mr. Justice Ellis and a jury for the offence of wounding with intent. The allegation was that, he on the 29th June, 1985, exactly two years ago, wounded Elsie Wisdom with intent to do her grievous bodily harm. The incident is alleged to have taken place just outside the Tahiti Bar on Windward Road in Kingston.

2 The Crown led evidence that Miss Wisdom went into this bar somewhat around midnight and she was sitting at the counter having a beer; that the appellant came up and wanted to buy him a drink and she refused. He used insulting words to her and she in turn called him a ‘homosexual’. She said that he hit her in her face, he slapped her, and in retaliation she used the bottle from which she had been drinking to hit him on the head and she ran from the bar, went outside and stood up talking to a friend. She said while she was outside of this bar talking to this lady, the applicant came out of the bar, came towards where she was, crouched as if he was going to sit on the wall and then rushed at her with something in his hand and delivered a blow to her in the region of her waist which caused her injury.

3 No medical evidence was called but the evidence from the police officer was that he found this lady on the ground, in the gutter, bleeding from the waist. She was unconscious. She was hospitalised and she remained in hospital for fifty-eight days. Her unconsciousness lasted for a very long time because the constable made a number of trips to the hospital before he was able to speak with her. Unfortunately, as I say, no medical evidence was tendered as the doctor had left Jamaica before the preliminary enquiry was held.

4 In his defence the applicant said that he was in the bar sitting down having a drink on his own. He had got his pay on the day before and was having a quiet drink when this lady came up to him and wanted him to buy her a drink. He told her that he wasn't looking for female company and thereupon...