George v R

• Jurisdiction: Antigua and Barbuda
• Judge: Berridge, C.J.
• Judgment Date: 18 June 1984
• Neutral Citation: AG 1984 CA 3
• Date: 18 June 1984
• Court: Court of Appeal (Antigua and Barbuda)
• Docket Number: Criminal Appeal No. 1 of 1982

Court of Appeal

Berridge, C.J. (Acting); Robotham, J.; Bishop, J. (Acting)

Criminal Appeal No. 1 of 1982

George

and

R

Appearances

D. Hamilton for the appellant

Mr. Cenac, Director of Public Prosecutions for the Crown

Practice and procedure - Prejudicial news report — Whether certain news reports seriously prejudiced the trial of the appellant — Facts: Evidence revealed that the news media erroneously reported that the appellant had previous convictions — Held: It was open to counsel to apply for a new trial. He did not do so and therefore the trial judge was under no duty to discharge the jury and order a new trial. Appeal dismissed.

Practice and procedure - Trial by Jury — Directions to the Jury — Murder — Whether the Judge gave adequate directions on the issue of drunkenness

Facts: The general law is that if the defence raises drunkenness it is incumbent on them to offer evidence of it, and the evidence must at least suggest that the appellant's mind was affected by drink at the time of the incident. Evidence revealed that despite consuming a significant amount of alcohol the appellant's mind was crystal clear on the events before and after the incident

Held: The issue of drunkenness was adequately placed before the jury. Appeal dismissed.

1 Berridge, C.J. (Acting): The appellant was, on the 7th day of Octobers 1983 convicted of the murder of Peter Elkin Octave on the 23rd Augusts 1982 and sentenced to death in the manner prescribed by law.

2 At the hearing counsel for the appellant argued the following three grounds of appeal: –

• (i) That the learned trial Judge misdirected the jury with regard to the Intent to be proved having regard to the malice of the evidence adduced by the prosecution.

• (ii) That the learned trial judge misdirected the jury with regard to the question of drunkenness.

• (iii) That the accused trial was seriously prejudiced as a result of certain news reports prior to the learned trial judge's summary.

3 With the leave of the court counsel also argued accident as a further a ground of appeal.

4 Briefly the Prosecution story is that on the night of 3rd August 1982, during Carnival celebrations the appellant at Castle Harbour Hill accompanied by one Devon Drew. He was armed with a gun and was sitting on a wall of Castle Harbour Hotel when he saw the deceased with a female companion approach. The appellant then pulled the gun from his waist telling Drew that he was ready for action. Drew asked him what he was talking about, left and when he got a certain distance away he glanced back and told the appellant “mind you don't shoot them people”. Later he heard the sound of a shot whereupon he headed for his home.

5 The account of Blondell Lewis, the female companion of the deceased, is that she and the deceased having gone to this place which appears to be secluded and a bit of a lover's rendezvous she and the deceased were standing together when she heard a voice say “stick it up, don't move”, She looked in the direction from which the voice came and saw a man with what she described as a “blue thing” across his nose and mouth. Lewis further stated that the deceased moved from before her and faced the person moving his shirt as he did so after which she heard a gunshot and the deceased fell to the ground. The person then fled.

6 In his unsworn statement from the dock which defence counsel argued differed little from the account given by Blondell Lewis, the appellant stated that on the night in question he had consumed one and a half glasses of brandy plus one bottle of bear and then at about 10 p. m. he went to the area where the incident occurred. He had the gun in his hand playing with it and had no intention of harming anyone. While approaching the top of the hill he saw a shadow move towards him he panicked, drew backwards, his foot shuffled on some stones his hands were flung into the air and the gun exploded. He stood up shocked when he saw a young man lying on the ground and then he ran away.

7 In arguing grounds (i) and (ii) together counsel contended and we agree, that the pivotal issue in this appeal was whether the...