Haywood v The Queen

• Jurisdiction: Barbados
• Judge: Williams, C.J.,Husbands, J.A.,Chase, J.A.
• Judgment Date: 17 June 1988
• Neutral Citation: BB 1988 CA 14
• Docket Number: Criminal Appeal No. 6 of 1987
• Court: Court of Appeal (Barbados)
• Date: 17 June 1988

Court of Appeal

Williams, C.J.; Husbands, J.A.; Chase, J.A. (Ag.)

Criminal Appeal No. 6 of 1987

Haywood

and

The Queen

Dr. R.L. Cheltenham and Dr. W. Waldron-Ramsay for the applicant.

Mr. C.O. Tulloch, Q.C. and Mr. A. Brathwaite for the respondent.

Criminal law - Appeal against conviction — Malicious wounding

JUDGMENT OF THE COURT:

1 On January 26, 1987 the applicant Venner Haywood was convicted of maliciously wounding Alphaeus Sutherland on February 1, 1986 and sentenced to 18 months imprisonment. We quashed the conviction and sentence on March 10 and stated that we would give our reasons at a later date. We now do so.

2 The complainant gave evidence that on the morning in question about 6.30 he was proceeding on the left side of the road to Speightstown and the applicant was walking towards him. When the applicant got close to him he unzipped a bag which he was carrying, took out a collins and attacked him. He backed away from the applicant and in doing so fell into a drain. the applicant was over him with the collins and he tried to block the blows with his left hand. He received two cuts on his left hand and one in his head which bled very badly. The applicant ran and he got up and ran behind him into Heywoods yard.

3 Dr. Maharaj testified that he saw the complainant at the Hospital. He had lacerations on the scalp and the left hand. In his opinion they were caused by a sharp instrument like a collins.

4 Police officers Jordan and Hinds testified that the applicant made oral statements under caution, one when the complainant accused him of cutting him with a cutlass and according to the police officers, he said “The man attack me with a ratchet knife so I defend myself”; and another when Jordan showed him a collins and, according to the officers, he said “This is mine, I use it to cut grass with but he attack me first and I had to use it on him.” The applicant gave evidence on oath and his account of what happened is this:

“On 1.2.86 1 get up about 5 o'clock. I had 13 cows on pasture, all don't belong to me. I left home about 5.30, get to Heywoods pasture about a quarter to 6. I keep straight on pasture, with my two long empty hands and a brown ridge back dog. I went on pasture below Coleridge and Parry School. I was far away from road. There is a lot of bush and pond, cows drink water from there. I lift cow stake, bending down I receive a blow here, right across my ear (right). I fell down. After I get up I see Sutherland with same piece of collins and Rachel in bush laughing. Sutherland was about 2 to 3 feet from me. He had collins raised saying he going to kill me. I did feel frighten. It is a lonely place. I pelt rock at Sutherland and it hit collins. He had collins holding in air. I ran and he run me down by Heywoods….

….When I get to main road, Sutherland fall down. Trench dig for light nearest to pasture. I was wearing slippers. I take up slippers, jump trench and he jump in trench and fall down. That is how I get away from him.”

5 The applicant went on to say that he made no statement to the police, that Sutherland got cut when he fell and that on the previous evening Sutherland had made threats to him. Everton Green testified for the defence as to threats made by Sutherland on the previous evening.

6 The learned trial Judge reviewed the evidence for the prosecution and that for the defence and continued as follows:

“Now the defence is the accused is not guilty. He admits wounding the victim, wounding Sutherland, but he said that it was in justification, that is, the...