The Queen v Devon Dawson

• Jurisdiction: British Virgin Islands
• Judge: HARIPRASHAD-CHARLES J
• Judgment Date: 07 December 2006
• Docket Number: CASE NO. 2 OF 2006
• Court: High Court (British Virgin Islands)
• Date: 07 December 2006

THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE (CRIMINAL)

CASE NO. 2 OF 2006

BETWEEN

The Queen

and

Devon Dawson

Appearances:

Mrs. Grace Henry-McKenzie, Senior Crown Counsel and Mrs. Charmaine Rosan-Bunbury, Crown Counsel for the Crown

Accused in person

JUDGMENT ON SENTENCING

(ATTEMPTED MURDER AND DESTROYING PROPERTY)

HARIPRASHAD-CHARLES J

1 The accused, Devon Dawson was charged on an indictment containing three counts: one for attempted murder, one for wounding with intent and the other for damaging property. He pleaded guilty to the count of damaging property. A jury was duly empanelled to try the case on the remaining two counts. The counts were in the alternative; attempted murder being the first and more serious count.

2 On 5 December 2006, an unanimous jury convicted the accused of attempted murder. Sentencing was deferred to the following day at the request of the Crown. The accused had basically nothing to say in mitigation.

The facts in outline

3 The facts of the case can be summarized as follows. Three days prior to this unfortunate incident, the victim, Antonio Frett (‘Mr. Frett’), a water delivery man went to the Ghetto, Road Town to deliver some bottles of water. He saw the accused whom he knows casually. The accused came up to him and said that he wanted to ask him a question. Mr. Frett listened and the accused asked him: ‘if he knows how you could kill somebody and not know you kill them?’ Mr. Frett inquired what kind of question is that and the accused repeated the question again. Before Mr. Frett could have responded, he saw some policemen from the Drug Unit approaching. Both men were searched by the Police. The search revealed an 18’ long machete tucked into the accused' waist. When questioned by Acting Inspector Kenneth Jordan, the accused said ‘I just buy it from Best Price Store to cut some bush for my brother in Lower Estate.’ Acting Inspector Jordan took the machete and told the accused that he could come and see him at the Road Town Police Station. The accused went to the station. After some questioning, the machete was handed back to him.

4 On 24 February 2005, at about 10 p.m. Mr. Frett again went to the Ghetto to deliver water to two persons. After he had done that, he went to a bar to play some games of dominoes. Shortly after, he saw the accused arrived. At about 10.30 p.m. he decided to leave. When he was leaving, the accused told him that he wanted to speak to him. He obliged. They went by a walkway. The accused asked him ‘if he knows how you could kill somebody and not know you kill them.’ He asked the accused ‘what kind of question is that, don't ask me foolishness.’ So, Mr. Frett turned off and was walking away when he heard some footsteps coming behind him. He turned around and saw the accused swinging a machete at him. He put up his left hand. He received a chop between the elbow and wrist of that hand. The accused continued chopping at Mr. Frett who tried to escape. Mr. Frett picked up a rock but could not really grip it firmly because by then, his right hand was also incised. He then asked the accused what he did him that he (the accused) wants to kill him. The accused did not respond but charged at him with the machete. Mr. Frett threw the rock at the accused but it did not hit him. The accused chopped Mr. Frett's left hand again and that was when the arm was completely severed and was hanging with the support of the skin. Mr. Frett managed to push the accused again. The accused fell and Mr. Frett ran up the street towards the foot of Joe's Hill. When he got there, he heard someone called out ‘auh you, stop it.’ Mr. Frett looked in that direction and saw it was Inspector Anderson Blackman. Inspector Blackman told the accused to put down the machete and stop it. The accused told the policeman that if he did not get out of the way he was going to chop him as well. Mr. Frett managed to get into Inspector Blackman's vehicle, closed the door and remained there. About three to five minutes later, the accused approached the vehicle. He tried to get into it but it was locked. He then threw a rock onto the back left window of the vehicle and used the machete to break the window. Mr. Frett moved to the backseat in order to prevent the accused from opening the latch to the door. The accused used the machete to lash out at Mr. Frett. Eventually, the accused found himself in the vehicle. He continued to chop at Mr. Frett. Inspector Blackman said that at some point in time, he attempted to pull the accused out of the vehicle from behind. The accused charged towards him with the machete in his hand and said ‘don't touch me again.’ Inspector Blackman was unable to render any assistance and ran to the Ghetto to call the Police. At about 11.10 p.m., Inspector Donald Rogers who was on duty arrived at the scene in the close proximity of the After Dark Night Club. When he got there, he saw the accused chopping at something in the vehicle. He shouted: ‘this is the police, step back away from the vehicle and put the weapon down.’ After repeating that for three times, the accused then stepped backwards, held the machete upwards and gradually advanced towards Inspector Rogers who said he could hear a person's voice in the vehicle calling for help. Inspector Rogers dialogued with the accused to put down the machete but the accused stormed at him. Inspector Rogers then radioed for help. The accused was about fifteen feet away when the Task Force Officers arrived. Instantaneously, he ran away. Shortly after, the ambulance arrived. Mr. Frett was taken to the Accident and Emergency Department at Peebles Hospital where he underwent emergency surgery.

5 The accused was subsequently apprehended by the police that same night at the back of Peebles Hospital.

6 In a nutshell, the case for the Crown is that the accused intended to kill Mr. Frett when he rained blows with the machete at his head, face, upper and lower body coupled with the uttering of the words ‘can a man kill somebody and don't know he kill them’, ‘Nya, you is my boy but you have got to go’ and ‘Nya did something to a girl that is killing me and he has to die tonight.’ The Prosecution's case is that the attack on Mr. Frett was premeditated and unwarranted and there is no justification in law for the accused to do what he did.

7 The accused was formally arrested and charged for the offences before the Court. As is his right in law, he remained silent and made no statement. Indeed, the police investigator, Inspector Howe took no statement from him nor asked him whether he wished to make one. This seems to be a bad practice in this jurisdiction. Be that as it may, the accused gave evidence on oath at this trial. Essentially, he admitted that he chopped Mr. Frett but seemingly, he does not recall the number of blows he inflicted on the victim.

8 In defence, the accused testified that on the fateful night in question, Mr. Frett hit him with a gun on his forehead which started bleeding. It bled profusely so that the blood entered his eye rendering him visibly impaired. He said that with the blow to his forehead, his adrenalin began to flow and he started chopping Mr. Frett. He also said that he was acting in lawful self defence as he was defending his life against a very dangerous weapon. The accused invited the jury to find that Mr. Frett was the aggressor on the night in question for had it not been for the blow to his forehead, he would not have retaliated and chopped Mr. Frett.

9 The Jury obviously relied on the Crown's evidence to convict the accused and rejected the accused's version of events that he was acting in lawful self-defence.

Injuries to the victim

10 Mr. Frett sustained multiple lacerations to the face, trachea, upper and lower limbs. The left forearm was partially severed and was attached by a piece of skin. There were lacerations to the left elbow and to the left forearm which was mangled and bleeding profusely. Muscles and bones were protruding from the wounds. He also had deep lacerations to the right leg and right knee. The right hand was numb from the lacerations to the palm. He was in severe pain and bleeding from all the wounds.

11 The general surgeon, Dr. Marjorie Yee-Sing found fourteen lacerations on the body of Mr. Frett including a 12 cm gaping wound extending across the anterior neck and involving the muscles of the right and left side of the neck with exposure of the thyroid cartilage and the cricothyroid muscles. The wound did not enter the trachea (wind pipe) but was 1 cm away. Dr. Yee-Sing opined that if the trachea were cut, Mr. Frett would have died.

12 She also found multiple lacerations of the left forearm extending through the left elbow joint, the olecranon and the forearm bones. The left forearm transected in the mid forearm and hanging by the skin. The left hand was cold, blue and lifeless. There was no palpable pulse and no sensation or movement noted. It was later surgically removed.

13 In addition, there was a 16 cm transverse laceration of the palm of the right hand extending deep into the thenar muscles and the mid-palmar space. Lacerated tendons, blood vessels and muscles were noted. There were fractures of the right little finger and right thumb. There were other injuries including an 8 cm laceration of the right leg below the knee with compound fractures of the tibia.

14 The injuries were life threatening. Had it not been for the opportune intervention and competence of Dr. Yee-Sing and her staff, Mr. Frett would have expired. She said that Mr. Frett eventually took his own discharge against medical advice on 9 March 2005 and consequently, there were no follow up visits. She is therefore unable to state with exactness the condition of the present injuries. However, in her opinion, the injuries to the right hand would have left permanent deformities and numbness of the fingers.

...