Howell v R

• Jurisdiction: Barbados
• Judge: Williams, C.J.
• Judgment Date: 30 March 1994
• Neutral Citation: BB 1994 CA 13
• Docket Number: Criminal Appeal No. 19 of 1990
• Court: Court of Appeal (Barbados)
• Date: 30 March 1994

Court of Appeal

Williams, C.J.; Husbands, J.A.; Smith, J.A.

Criminal Appeal No. 19 of 1990

Howell

and

R.

Appearances:

Miss Mia Mottley for the appellant.

Mr. Charles Leacock for the respondent.

Criminal procedure - Appeal against conviction — Murder — Defences — Whether trial judge issued adequate directions on provocation — Intention to kill not established — Conviction of manslaughter substituted for murder.

Williams, C.J.

1 On May 16, 1990 the appellant Courtney Howell was convicted of the murder of Diana Pinder and sentenced to death. Pinder died on September 12, 1989 from shock and haemorrhage as a result of injuries to her head. The case for the prosecution was that the appellant killed Pinder and at the time intended to kill her or cause her really serious bodily harm. The defence relied on provocation and self defence.

2 On Tuesday September 12, Pinder's body was found lying on the floor of the appellant's bedroom in a house at Collymore Rock, St. Michael. The corner stone of the case against the appellant was his written statement (Exhibit K) which was admitted without objection. The statement reads:

“Tuesday morning this week I left out by my children mother Tracey in My Lord's Hill and went home. Sometime after 9 o'clock I was lying down in the bed when my girl friend Diana Pinder come in the room. She started quarrelling saying I want killing and she was going to the man in she life that going to marry she. I ask she who man she mean and she say Vernon. I then tell she that I bring she from scratch and now she got something she looking for a man. She say she ain't pleasing me no more, that she father like Vernon and she pleasing she father. She then take up the knife that was on the bed head and stab at me. I grab she hand and we fall down pun the bed and while holding she hand I tell she I going make she kill she self and push the knife at she. I hear she holler out she get cut and I see blood pun she chest. I then take up my collins from by the bed head and start lashing at Diana. She then fall down on the ground from off the bed and wasn't saying nothing and I get frighten and left the house and walk and went down the Pine Road to go to the Police Station but when I get down by the park I see a man who does drive truck that I did know for a long time and beg he for a drop in Collymore Rock. When I get up there I went in the house and take up the collins and knife and wrap them in newspaper. Diana did still laying down the same place I left she. I went and get back in the truck cause I did tell him wait for me and he drop me off near Springer School. When I did walking cross the road to go by Tracey I pelt the knife and collins in some bush.”

3 The other evidence led by the Crown in support of the charge can be summarized in this way –

• (1) that of police officers who testified that the appellant made oral statements to them before (Exhibit K) was recorded –

  • (a) “when I hear that my girlfriend Diana did dead I did not know where to turn but I did looking for the police to come to me but I could afford to go along with you cause I ent went down by my house in Collymore Rock since Sunday and I ent see Diana since Friday”

  • (b) “Looka what I gone and put myself in. Lord knows when I let go the lash at Diana I ent went to kill she. Skipper, I bring she from scratch giving she (one officer testified $40.00, the other $140) every week when I did working at the Board and now she telling me that she leaving me for the man of she life and I could not take that;”

• (2) that of police officers who testified that the appellant offered to show them everything, that under his guidance they recovered a collins (Exhibit B) and a knife blade (Exhibit F), which the appellant said he cut Pinder up with, from some bush behind a wall in the Ivy, St. Michael, and that he pointed to the house in Collymore Rock where Pinder's body was found and to a room in the house as the place where it had happened;

• (3) that of one Grafton Belle who testified that at about 11.45 a.m on September 12 he gave the appellant a lift in his truck from Fort Royal Garage to a house in Collymore Rock, waited for him for about five minutes and took him, with 6 to 8 large envelopes under his arms, to a house near the Telephone Company. This witness testified that when the appellant was in the truck, he saw the handle of a collins inside one of the envelopes and asked the appellant why he was walking about with a collins. The appellant told him that he was going to cut some bush in My Lord's Hill;

• (4) that of Dr. Ramulu who did the autopsy on Pinder's body. He listed at least 28 injuries and in his opinion –

  • (i) death was due to shock and haemorrhage as a result of injuries to the head;

  • (ii) a heavy cutting weapon, like a collins or cutlass, and great force, would have been used; and

  • (iii) the collins (Exhibit B) could have been the weapon.

4 The appellant, when told of his rights, elected to make an unsworn statement and said:

“I formerly lived at Collymore Rock. Three weeks before the incident the deceased used to come by me and give me constant annoyance. On Thursday, 7th September 1989 I was at home and she came there making a big set of noise. I gently left the house leaving her there, I went to Mayers Road, My Lord's Hill where I have five children. I spoke with them and I told my biggest boy David that I was having trouble with Diana and that I thought that the best thing for me was to return to live with them. I remained out there the whole Thursday night and went home the Friday morning about 7.30 to 7.45 and I started to pack some things. I left and I went into town looking for a friend so that I could borrow his pick-up. I did not find him. I came back home and the night time I moved out a standing fan, bedroom table and three quarters of my clothes to My Lord's Hill. I was a bit depressed after I got to My Lord's Hill. I went by Inez Outram's Rum Shop in the Ivy and I drink there from the Friday back down to the Monday. I leave Mayers Road Tuesday morning about 7.30 and I went over to Collymore Rock. When I got there I picked up the newspaper as the house was closed up all around. I went into the bedroom and lie down. I had a drink in there and I took two shots of it and some lucozade.

I took off my clothes and locked back the door and I lie...