Francis Simon Appellant v The Queen Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
Judgment Date24 Jan 1973
Neutral Citation[1973] ECSC J0124-1
Docket NumberCriminal Appeal No. 4 of 1972
[1973] ECSC J0124-1

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Cheif Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Louisy (Ag.)

Criminal Appeal No. 4 of 1972

Between:
Francis Simon
Appellant
and
The Queen
Respondent

H.R. Scipio for Appellant

D. Lambert, D.P.P. for Respondent

The judgment of the Court was delivered by:—
CECIL LEWIS, C.J. (Ag.)
1

The appellant was convicted on October 21, 1972, and sent enced to death for the murder on December 28 1970, of one Thomas John who will hereinafter be referred to as the deceased. He now appeals against his conviction by leave of a single judge. The evidence for the prosecution which is for the most part of a circumstantial nature reveals that the appellant and the deceased were well known to each other and that a distance of about 200 foot or so separated their respective text.

2

The deceased lived with one Lena Noel in a wooden house at Florida. She herself owned a two-storeyed building, which had six rooms. The two rooms on the ground floor were untenanted, and of the four in the upper storey, one was rented by the appellant and the other three were used for storing dried cocoa. The appellant had been renting this room from Lena Noel for a period which Lena Noel said was about, two years before December 28, 1970.

3

On the morning of December 28, 1970, a little after seven o'clock, Lena Noel and the deceased together with twocouples went to pick cocoa at lands at Barbay owned by the deceased. They returned home around 5 p.m., and put the cocoa in a "sweater" on the premises where the appellant lived. The appellant admitted that he saw when the deceased came there that afternoon with his workmen. The deceased and his workmen returned to the deceased's house and were given some refreshment after which they left for their respective homes. The deceased himself left his home around 6 p.m. and Lena Noel never saw him again until about 10 p.m. that night when she saw his body at the Florida Junction. His face was all chopped up. Dr. Wilfred Otway was called to the spot where the body of the deceased was found. He said he knows this place by the name of Florida. It has been variously described by witnesses in the evidence at Florida Junction or the junction and is so called because it is where three roads meet, viz the Barbay Road, the Corbeau Town Road, and the Florida Road. The doctor arrived around 10 p.m. and found a man lying in the middle of the three roads which end in a oul de sac. He examined the man and found him to be dead. This man was the deceased. He was lying on his back with his head towards the middle of the road, face upwards. There were many severe lacerations on his face and blood on the ground. He performed a post mortem on the body the following morning at the General Hospital in the presence of two police officers. He said the body was that of an elderly man over sixty years, and he had severe lacerations of the face and head. There were about thirteen lacerations. There was a severe laceration at the back of the skull sufficiently deep to cut into the bone and it was about 2" long by 2" wide. "It was full bone depth—that is right into the skull" and it revealed the brain tissue. Then there were a series of severe lacerations starting from the forehead and running parallel to each other, and going down from the forehead to the chin. These lacerations cut right through to the bone into the eyes, into the upper jaw, into the teeth, through the nose, through the upper jaw, severing the teeth. There was also a very severe one at the side of the face. There were a couple of minor lacerartons on the chest, neck and back. In his opinion, death was due to shock as a result of these wounds. Any one of about six of the lacerations except the minor ones could have caused death...

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