Troy Smith v R
| Jurisdiction | Jamaica |
| Judge | Edwards JA |
| Judgment Date | 26 February 2021 |
| Neutral Citation | JM 2021 CA 23 |
| Docket Number | SUPREME COURT CRIMINAL APPEAL NOS 103 & 105/2015 & 90/2017 |
| Court | Court of Appeal (Jamaica) |
[2021] JMCA Crim 9
IN THE COURT OF APPEAL
THE HON Miss Justice Phillips JA
THE HON Mrs Justice McDonald-Bishop JA
THE HON Miss Justice Edwards JA
SUPREME COURT CRIMINAL APPEAL NOS 103 & 105/2015 & 90/2017
Ms Nancy Anderson for the applicant Andino Buchanan
Leroy Equiano for the applicant Troy Smith
Ms Nasha-Kaye Virgo for the applicant Precious Williams
Ms Paula Llewellyn QC, Director of Public Prosecutions, and Kemoy McEkron for the Crown
The three applicants in this case, Andino Buchanan, Troy Smith and Precious Williams, were all indicted for the offence of capital murder, in respect of the death of Mr Clayton Byfield. The indictment related to a robbery and murder which took place on 16 March 2012, in the parish of Saint Andrew, in which Mr Byfield was shot and killed and his gold chain, which he had worn since he was 18 years old, stolen. At the commencement of their trial on 12 October 2015, all three pleaded not guilty. When their trial recommenced on 14 October 2015, and after the jury was empanelled, Precious Williams and Troy Smith asked to be re-pleaded and both pleaded guilty to non-capital murder. The prosecution and the learned trial judge accepted their pleas as appropriate, in all the circumstances of this case.
On 14 October 2015 the trial of Andino Buchanan proceeded before G Smith J, sitting with a jury. At the close of the evidence, the prosecution asked that he be repleaded on an amended indictment charging him with murder. To that amended indictment he pleaded not guilty. On 29 October 2015, the jury found him guilty of the murder of Clayton Byfield. On 11 December 2015, all three applicants were sentenced to life imprisonment, with the stipulation that Andino Buchanan and Troy Smith were to serve 25 years, before becoming eligible for parole, and that Precious Williams was to serve 20 years, before becoming eligible for parole.
All three applied to a single judge of this court for leave to appeal; Andino Buchanan in respect of both his conviction and sentence; Precious Williams and Troy Smith in respect of their sentences only. Leave to appeal was refused for all three. This is their renewed application, to this court, for leave to appeal.
Counsel for the applicant Andino Buchanan, Ms Nancy Anderson, sought and obtained leave to abandon the proposed grounds of appeal which were originally filed, and was permitted to pursue the renewed application on the basis of five supplemental grounds, which were as follows:
“i. The learned trial judge erred in her directions to the jury on joint enterprise by not explaining that a person can be a party to a violent attack on another, without an intent to assist in the causing of death, and leaving the option of guilty of manslaughter to the jury;
ii. The learned trial judge erred in her directions on joint enterprise, when she told the jury that presence at the scene is not necessarily proof that the Applicant had the necessary intention to commit the offence but went on to misdirect the jury (page 679–680) that the jury must feel sure that the accused was present and did, by his presence encourage the commission of the offence;
iii. The learned trial judge failed to give appropriate identification directions to the jury;
iv. The direction by the learned trial judge on ‘good character’ was insufficient and the impact of an explicit positive statement would have affected the determination by the jury of its verdict and amounts to a miscarriage of justice;
v. The sentence imposed was manifestly harsh and excessive.”
Counsel for Precious Williams, Ms Nasha-Gaye Virgo, was permitted to abandon the revised grounds of appeal against conviction and sentence, which had been filed and to pursue the application for leave to appeal against sentence only. Counsel for Troy Smith, Mr Leroy Equiano, pursued the application for leave to appeal sentence, only. The basis of the application for both was on the ground that the sentence imposed was manifestly harsh and excessive.
The prosecution's case was that, on 16 March 2012, sometime after 3:00 pm, in the Rock Hall Square, in the parish of Saint Andrew, Mr Byfield, who was known as Yowa, was shot and killed inside a variety shop and robbed of a tri-coloured gold rope chain he was wearing around his neck. The prosecution's case, as presented to the jury, was that there was a common plan between all three applicants to rob Mr Byfield of his chain, using force, if necessary.
On the morning of Friday, 16 March 2012, at about 11:00 am, Mr Byfield was in the shop which was set up in a converted container. Also in the shop were Mr Vinroy Campbell, Ms Coleshia Jones and Ms Oleen Lee. A silver-gray Nissan panel van with registration number 5916 GB passed the shop and stopped some distance away on the Sligoville Road. Troy Smith and Precious Williams exited the van and it drove off. They went to the shop window and Troy Smith purchased a cigarette, after which both he and Precious Williams left in the direction of the town square. Shortly thereafter, they were seen entering a taxi which drove off past the shop going in the direction of Waugh Hill. About ten minutes later they were seen walking back past the shop towards a gas station across the road.
Sometime thereafter, the panel van drove up from the direction of Waugh Hill and stopped behind the shop. Andino Buchanan exited the van, entered the shop, and ordered a box drink and a ‘tiggaz’ cheese trix. There was no box drink, so he purchased two ‘tiggaz’ cheese trix and went back to the panel van. The panel van remained there, with the engine running for about 15 minutes. It then reversed down the Waugh Hill road. Rain began to fall heavily. After the rain stopped, at some point the panel van drove back up towards the shop and turned in the direction of Kingston. About 10 minutes later, the panel van drove back up the Waugh Hill road, stopping about 400 feet from the shop. Precious Williams and Troy Smith walked up from the square towards the shop. Precious Williams approached from the side of the shop, stepped up into the shop and demanded that Mr Byfield give her the chain. Mr Byfield tried to get it off and when he could not Precious Williams grabbed the chain but it still did not come off his neck. Troy Smith then ran around from behind the shop, came to the door and demanded the chain. He then took a rifle from his bag and shot Mr Byfield in the head, killing him. He then removed the chain and fled. Precious Williams fled with him leaving her slippers behind. They ran down the Waugh Hill road towards the panel van and were picked up by Andino Buchanan. The panel van drove off with them turning towards the Sligoville Road.
An alarm was made and the panel van was followed by the police who made attempts to intercept it. The panel van crashed head on into one of the police vehicles, and was subsequently abandoned by the three applicants. Precious Williams and Troy Smith, however, were apprehended on that same day in bushes and taken into custody. The stolen chain was later found in the boxer shorts that Troy Smith was wearing at the time. The panel van was searched and a AK-47 rifle containing 29 live rounds was found hidden in the seat. The seat had been ripped out to make a slot to hide the rifle and the sponge from the seat was found scattered on the floor of the panel van. A bag containing 13 rounds of ammunition was also found in the van. Andino Buchanan's passport was found in the front section of the panel van. Copy documents for the panel van were found in the glove compartment which revealed that Andino Buchanan, along with another person, were registered as owners of the van. A multi-coloured exercise book containing a bail bond in relation to Troy Smith, was also found in the van. Andino Buchanan was subsequently arrested and thereafter pointed out on an identification parade as the driver of the panel van on the day Mr Byfield was killed. All three applicants were charged with murder.
Of the three other persons who were at the shop at the time of the incident gave evidence, only one, Mr Vinroy Campbell, identified Andino Buchanan as the driver of the panel van who had entered the shop and purchased the “tigazz' cheese trix.
Andino Buchanan gave sworn evidence at his trial. His evidence, in brief, was that, although he was the co-owner of the van, he was not the one driving it on 16 March 2012. He told the jury that he was at home at the material time ‘chilling’ with a girlfriend. He said that he had employed a driver, a man named Clayon (also spelled as Cleon in the transcript), who also had a key for the vehicle. He said that the last time he saw the panel van during the week of 16 March 2012, Clayon was driving it. He was unable to say exactly which day it was he saw Clayon driving the van.
He said further that he was not in Rock Hall at 3:00 pm on 16 March 2012, and he was not a part of any plan to cut up his passenger seat and hide a gun in it. Nor was he a part of a plan, with Troy Smith and Precious Williams, to rob a gold chain from Mr Byfield and kill him. Furthermore, he did not know Precious Williams and Troy Smith, nor did he know the Sligoville or Rock Hall areas.
He told the jury that on the evening of 16 March 2012, he received a call from the police informing him that his vehicle was found on Sligoville Road and that it was at the Half Way Tree Police Station. Thereafter, he went looking for Clayon, who he did not find until the following day. He took a call outside of Clayon's presence, and when he got back, Clayon was gone before he could ask him about the vehicle. He never saw him again after that.
Under cross-examination he said that he could not be sure that he had not driven the panel van for the...
To continue reading
Request your trial