Barker v R

• Jurisdiction: St Vincent and the Grenadines
• Judge: Peterkin, C.J.
• Judgment Date: 24 July 1981
• Neutral Citation: VC 1981 CA 3
• Docket Number: Criminal Appeal No. 3 of 1981
• Court: Court of Appeal (Saint Vincent)
• Date: 24 July 1981

Court of Appeal

Peterkin, C.J.; Berridge, J.A.; Robotham, J.A. (Ag.)

Criminal Appeal No. 3 of 1981

Barker

and

R.

Appearances:

O. Dennie for the appellant.

Miss M. Joseph for the Crown.

Criminal law - Appeal against Conviction — Murder

Peterkin, C.J.

1 The appellant was convicted on 17th March, 1981, of the murder of Velma Peters, and sentenced to death. He has appealed against his conviction on the following two grounds:–

1

That the decision is against the weight of evidence. 2. That the learned trial judge misdirected the jury in that he did not properly explain to them the law on drunkenness.

2 The facts are not seriously in dispute, and are indeed, inescapable.

3 The deceased and the appellant lived together as man and wife for some 7 years during which period she had two children by him. He left for Trinidad around March, 1980, where he spent 4 ¹/₂ months. On his return he resumed his association with her although they did not occupy the same house. It would seem, however, that during the appellant's absence from St. Vincent, the deceased formed an affinity for one Ian Tony, the net result being that both men visited and slept with her on different nights. On the night of 18th May, 1980, the appellant went to the home of the deceased at about 9 p.m. He accused her of having Ian Tony in the house, and proceeded to beat her up as a result of which she sustained a wound over her eye. The deceased and one Patsy Davy then left for the clinic to have it dressed, accompanied by the appellant, but on the way the appellant left them at a place called “Works”. Not having seen the District Nurse, the deceased and Davy left for the Police Station at Colonarie accompanied by Keziah Cain. On the way, they stopped on reaching the Belle Vue Boxing Plant. The appellant reappeared, went up to the deceased, and collared her. He then proceeded to inflict several chops with a machete on the body of the deceased as a result of which she died. The doctor found the following injuries:–

1

A cut on the occipital region extending across from one ear to the other over the back of the head injuring the spine and the spinal cord, and cutting into the lobe of the brain. 2. A cut on the dorsal aspect of the right hand going down to the bone. 3. A three inch long cut on the right shoulder.

4 In his opinion she died from haemorrhage and shock as a result of the injuries received.

5 The appellant gave a statement to the Police the following day in which he said:–

“The time me they, they, me see the boy come and knock the window. Velma tell the boy to come in the house, but the boy did not go in the same time. Me bin right by the side of the steps, but they could not see me. Me mind could not bare it no longer so ah fly up on the steps and the boy run away. Then me go in the house and say, meck all yoh does tell lie so all yoh could make man get dead. Velma start to trace all bout me mother. Me ge she about two lash and she fall down and get a bruise by she forehead. She friend Patsy was there and tell she to come go ah Bay. Patsy is Velma messenger to go and call Eyon. The little girl of me was sleeping and Velma scramble she up and carry she by Olive Caine. They start to pelt stones after me by the clinic. Me run and leave and go in the hole. Me leave say me going round by Blaco. Me never smoke marijuana yet and ah a first time me try it. The thing like a set me crazy me really chap the girl down by Central. Me nuh know way the chop catch her, but ah chap her with a cutlass. Me here them ah say, “Kelvin oh”, so me fling way...