Thompson (Kerrick) v R

JurisdictionJamaica
Judge SMITH, J.A.:
Judgment Date20 December 2004
Neutral CitationJM 2004 CA 61
Judgment citation (vLex)[2004] 12 JJC 2026
CourtCourt of Appeal (Jamaica)
Date20 December 2004
IN THE COURT OF APPEAL
BEFORE:
THE HON. MR. JUSTICE HARRISON, JA THE HON. MR. JUSTICE SMITH, J.A THE HON. MR. JUSTICE HARRISON, JA (Ag.)
KERRICK THOMPSON
v
R
Leroy Equiano
David Fraser,
Tara Reid,

CRIMINAL LAW - Illegal possession of firearm - Identification evidence - Turnbull warning

SMITH, J.A
1

Kerrick Thompson, the appellant, was convicted on the 30 th August, 2001 of illegal possession of a firearm (Count 1) and shooting with intent (Count 2) by D. Mcintosh J sitting in the High Court Division of the Gun Court in Kingston. He was sentenced to imprisonment for 10 and 15 years respectively.

2

On June 8, 2004 the appellant was granted leave to appeal by a single judge on the ground that the trial judge failed to demonstrate that he was mindful of the Turnbull warning.

3

On July 20, 2004 we dismissed the appeal cmd affirmed the convictions and sentences. We ordered that the sentences should commence as of the 30 th November, 2001. The following are our reasons for dismissing the appeal.

4

The Prosecution's case in outline

5

On the 12 th May, 2000 about 4:00 p.m. Sgt. Carlos Bell and Constables Evon Blake and Errol Thompson were on mobile patrol in an unmarked service vehicle driven by Sgt. Bell. As they travelled slowly along Payne Avenue they saw two men standing in a track off the main road. The conduct of these men aroused the suspicion of the police officers. Sgt. Bell stopped the vehicle. Constables Blake and Thompson alighted there from. Constable Blake shouted "Police" as they approached the men. One of the men pulled a firearm from his waist and fired in the direction of the approaching officers. The police returned the fire and the men ran in opposite directions. A firearm fell from the hand of one of the men. This man who was dressed in blue and white shirt and a white pants ran into a lane. Constable Blake picked up the firearm. It was a .38 Taurus revolver. The officers eventually returned to the vehicle. There they saw the appellant who was dressed in blue and white shirt in the custody of Sgt. Bell. Constable Blake told Sgt. Bell in the presence and hearing of the appellant that the appellant had fired at him. The appellant did not respond to the accusation. Constable Blake observed that the appellant had an injury.

6

Sgt. Bell told the Court that after Constables Blake and Thompson alighted from the vehicle he drove to the entrance of a lane and parked the vehicle. As he came out of the vehicle he heard gunshot explosions. He then saw the appellant running along the lane coming towards him. The appellant was dressed in blue and white shirt and white pants. Sgt. Bell said that he stopped him and asked him what was the matter. The appellant replied: "The woman them tell me to run boss, is not my gun". "What gun? the Sergeant enquired. He got no answer. Shortly after he saw Constables Blake and Thompson coming from the same lane. They told him that the appellant had fired at them, they returned the fire and he dropped the gun and ran. A.38 Taurus revolver with five cartridges and one spent-shell was handed to Sgt. Bell as the gun which the appellant had.

7

Detective Corporal Latibeaudiere testified that on the 12 th May, 2000 about 5:00 p.m. the appellant was taken to the police station and handed over to him. He also received a .38 Taurus revolver with four cartridges and one spent -shell.

8

At the end of his investigation he charged the appellant with illegal possession of firearm and shooting with intent. After he was cautioned the appellant said:

"Officer me never fire any shots".

9

Under cross-examination he said that the appellant's hands were swabbed after he had returned from the hospital. The swabbing was done by a Detective Sgt. Forbes who retired shortly after. There is nothing to indicate that the swabs were sent to the expert.

10

The Defence

11

The appellant gave evidence on oath and called two...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT