Hinds v The Queen
| Jurisdiction | Barbados |
| Judge | Williams, C.J. |
| Judgment Date | 06 June 1999 |
| Neutral Citation | BB 1999 CA 12 |
| Docket Number | Criminal Appeal No. 44 of 1998 |
| Court | Court of Appeal (Barbados) |
| Date | 06 June 1999 |
Court of Appeal
Williams C.J., Chase and Williams, JJ.A.
Criminal Appeal No. 44 of 1998
Mr. A. Pilgrim in association with Mr. Weekes, Ms. Peta-Gay Lee-Brace and Mr. F. Alleyne for appellant.
Mr. C. Leacock, Director of Public Prosecutions, in association with Mr. D. Fredericks for respondent.
Criminal law - Appeal against conviction — Murder — Whether judge's directions on provocation and intention were adequate — Court held that the directions on provocation were in conformity with s. 5 of the Offences Against the Person Act and with the case of DPP v. Camplin [1978] 2 All E.R. 168 and were adequate — Direction on intention could have deprived appellant of a manslaughter verdict — Conviction for murder and death sentence set aside — Verdict of guilty of manslaughter substituted with sentence of 25 years imprisonment.
On November 18th, 1998 the appellant Rodney Keith Hinds was convicted of the murder of Duncan Alleyne and sentenced to death.
According to Dr. Ramulu who performed the post mortem on the deceased there were five injuries on the body, three of which were not serious. One of the other two was a perforated wound to the left leg — a gunshot wound which entered the middle of the leg and exited on the other side of the leg, and the other was a penetrating wound on the back of the right buttock. On exploration of this wound a bullet was recovered from the right chest cavity. It had passed through all the structures in its pathway: the right buttock, the pelvic cavity, the abdominal cavity, the liver, the diaphragm and the other structures. In the opinion of the doctor, the cause of death was haemorrhage and shock as a result mostly of the gunshot injuries. The case for the Crown was that the appellant fired the gun that caused those injuries and the consequential death.
The prosecution led evidence of an incident that took place at Brandons, St. Michael about 8 p.m. on Friday, August 22, 1997 that was a precursor to that in which Alleyne was killed. Alleyne and the appellant's brother Tyree Hinds were involved in a fracas and they were both injured, Alleyne being cut about his body and Tyree having a dislocated shoulder. Tyree left the scene and an ambulance was summoned for Alleyne. The two ambulance attendants and a fifteen year old girl Corine Wilson gave evidence about what happened after the ambulance arrived and Alleyne was receiving treatment in it.
Michael Blackman testified that he treated a laceration on Alleyne's arm and another on his head. A guy approached the ambulance and said “ambulance men move, ambulance men move, you always effing my brother”. Blackman looked over his shoulder, saw a guy with a gun pointing towards the ambulance and ran into a house nearby. After he had reached the house he heard a number of explosions which sounded like gunshots. Some fifteen minutes later he went back to the ambulance and saw Alleyne lying in the back of the ambulance motionless.
Marson Grazettes, the other ambulance attendant, testified that they arrived at Brandons and he saw Alleyne sitting on the front of his step. They administered treatment to him first on the step and then in the ambulance. While they were attending to him, he, Grazettes was standing outside the ambulance to its left side and he heard a voice which said “paramedics, step back” He didn't move, he just looked over his shoulder and saw a man pointing a dark object and heard four explosions. He went into a house and made a telephone call. When he returned to the ambulance, Alleyne was gasping for breath and he tried to resuscitate him without success.
Corine Wilson testified that the boys, including Tyree Hinds whom she knew as Zulu, were in front of a barber shop making their laughing sport and Alleyne came and shouted at them telling them that they were keeping too much noise. They paid him no mind and he got upset and went for some rocks and started towards the fellows. So they his head and he was bleeding. Someone called the ambulance for Alleyne, it came and Alleyne was being treated for his wounds. She heard a car speeding coming round the corner and she saw a figure of a tall man come to the ambulance and tell the paramedics to move away. They ran behind Alleyne's gallery hiding. Then she heard the figure that she saw, the man say “don't fuck with my family” bang, bang, bang. She heard the car speeding going back up and she went to the ambulance where she saw Alleyne lying on the ambulance floor with blood gushing from his chest.
Byron Forde testified that he is a taxi driver and on that night he went to Chapman Lane where he took up Wharfee, the appellant, and another guy and they told him they wanted to go to the hospital. He took them there and was asked to wait. Wharfee alone returned and he took him to the Farm where he saw an ambulance parked with the back open. Wharfee told him to stop there, he did so and Wharfee got out. He heard Wharfee say “tell the people to move from there, move from there,” and he heard about three shots fired. Then Wharfee got back in the car.
Station Sergeant Boyce testified that he held an identification parade prior to which the appellant told him that “that taxi man know me ever since” and that Byron Forde identified the appellant as the man whom he had taken in the taxi to the Farm on the night in question.
The evidence that the appellant was the man who shot Duncan Alleyne is overwhelming. Apart from Byron Forde's evidence, police officers testified concerning oral statements and a written statement made by the appellant and about a gun and ammunition which were found on the appellant. Indeed the appellant admitted as much in his unsworn statement made during his trial.
According to Station Sergeant Bruce Rowe, the appellant said under caution:- “Bruce Rowe,, I get vex and angry when I see he had my brother in so much pain. I get a taxi and went and sting he to show he my brother got family.”
The confession statement admitted without objection was marked Exhibit J:
“A Friday during the month of August this year (1997). 1 was in Chapman Lane during the night. I see my brother Tyree and he tell me that Duncan from Brandons beat him and kick him about down in Brandons. I could see that my little brother was in a lot of pain and was holding his hand. I see a taxi coming cross Chapman Lane and I stop it. I tell the driver that I want him to carry me to the hospital. The driver tell me to get in. My brother get in the front passenger seat and I get in the back seat. The driver took us to the hospital and I left my little brother there. I then tell the taxi driver to take me to Brandons. I directed him where I wanted him to take me. I saw an ambulance parked on the road. The driver stopped in front of the ambulance and I get out and went to the back of the ambulance. I saw two attendants in the ambulance with Duncan. I tell them move from there, move from there. The two of them look in my direction and see me with a gun in my right hand and get out the ambulance. I ask Duncan why he beat my brother, if he think he is his son? Duncan tell me that he ain't do him nothing much. I was vexed and angry about he beating up my little brother. I then shot Duncan twice and walk way. I get back in the taxi and had the gun in my hand. The driver move off and I tell him carry me back to Chapman Lane. When I get up there I get out the taxi and went along. I hear later that night that Duncan dead and I decide to go into hiding. I had my gun with me all the time. I went out in the wharf and did sleeping on a boat tonight. I was awakened by noise and a bright light was spotting on me. I hear a voice saying come out with your hands up and I did. I saw a man in a red shirt, policemen and soldiers on the boat. I realised that the boat was out at sea. The police searched me and find the gun on me that I shot Duncan with and shots.”
Sergeant Gibson attached to the Marine section of the Royal Barbados Police Force testified that on the night of Monday, November 10, 1997 he was on patrol duty in a Coast Guard vessel when a target was spotted and intercepted. It was a black pirogue with one person, the appellant, on board. He found in his right front pocket a .38 revolver with five rounds in the chamber and a sock tied to the left front pocket with thirteen rounds in it. He took possession of the items and handed them to Station Sergeant Rowe. The prosecution led evidence to the effect that the bullet, recovered by Dr. Ramulu from Alleyne's chest cavity, was fired from the gun found by Sergeant Gibson on the appellant.
The appellant, when informed of his rights, made the following unsworn statement:–
“I love my brother Tyree Hinds. Tyree and my mother and I live together. I help raise him. I love him like how I love myself or maybe even more. The day of this incident was not the first time Duncan threatened my brother. In fact the last time he did it he told Tyree that he don't care nothing about Tyree or his brother, meaning me. When I saw Tyree I could not believe it. His arm and shoulder were all out of place. I knew I had to get him to a hospital but when I hear it was Duncan I even get more upset and frustrated. It caused me — Duncan was doing more than just talking and threatening. I am sorry for what happened but at the time it was as if Duncan wasn't care about me or my family and the way he treat me or my family.”
The defence called one witness, Tyree Hinds, who gave an account of the first incident at Brandons and of previous encounters with Alleyne.
The two main grounds of appeal are that the trial judge's directions on provocation were inadequate and that he failed to direct the jury as to what intent they were required to find in order to convict of murder.
The trial judge introduced his directions on...
To continue reading
Request your trial