Court of Appeal of Jamaica

The applicant pleaded guilty before the Circuit Court of Westmoreland for the offence of having sexual intercourse with a girl under the age of 16, in violation of section 10(1) of the Sexual Offences Act. He was in a serious relationship with the underage girl, but the matter was brought to the attention of the police when the complainant discovered she was pregnant and there was a dispute regarding the defendant’s paternity (tests showed he indeed was the father).

While taking a taxi to school, a 13-year-old girl was forcibly raped by the taxi driver, whom she had previously encountered. After learning about the incident, the girl’s mother reported the driver to the police and he was subsequently convicted at trial for rape and sentenced to 15 years imprisonment at hard labor. At trial, the driver’s defense was one of alibi—a denial of his involvement in the offence.

On 29 July 2009, the applicant was convicted in the Home Circuit Court for rape of a 17-year-old girl. She claimed that he hauled her to the back of an abandoned house while asking her indecent questions and threatening her, and then proceeded to forcibly have sexual intercourse with her. He confirmed that they had had sexual intercourse in the yard of a building, but claimed they were in a long-term relationship. As to prove this, a witness testified that the applicant introduced the complainant to her as his girlfriend. However, her testimony was contradictory and unclear.

The applicant was sentenced to seven years imprisonment for abduction and robbery with aggravation. In response to his first application for leave to appeal against conviction and sentence, the judge granted him leave to appeal to the sentence, but refused permission to appeal against conviction. The applicant renewed his application for leave to appeal against his conviction. The issue on appeal was whether the indictment erroneously citing the wrong statute warranted overturning the conviction.

A young woman was sexually assaulted by a male police officer who encountered the woman while he was picking fruit behind her house. The officer followed the woman into her home, where he exposed his genitals and attempted to penetrate the woman’s vagina despite her resistance. Afterwards, the woman successfully identified him in an identification parade and he was subsequently charged with the offences of assault with intent to rape and indecent assault, for which he was convicted at trial and sentenced to nine months hard labor imprisonment.

In Johnson v. Johnson, the parties were formerly married and had jointly acquired real property through a joint loan. After separation, the former wife remained in possession of the property, and later rented the property, retaining the rental income. The former husband sued, claiming he was entitled to 50% of the legal and beneficial interests in the property. The lower court found his claim partly time-barred and awarded him a twenty-five percent interest. On appeal, the Court of Appeal held that the lower court erred in reducing his share.

While walking on the sidewalk on her way to work, a young woman was forced into a gully where she was raped and robbed at gunpoint by two men in the early hours of the morning. At trial, the two men were convicted after the woman had seen and recognized both defendants out in public after the rape and subsequently reported them to the police.

The appellant was convicted of murdering his former intimate partner after she ended their relationship. The trial judge imposed life imprisonment and required twenty years before parole eligibility. On appeal, the appellant argued that the judge failed to consider alternative sentencing options or properly weigh aggravating and mitigating factors, and that he was not credited for time spent in pretrial custody.

On 24 May 2013, the applicant was found guilty of the abduction and rape of a 14-year-old girl. He had a good relationship with the parents of the girl and thus was a trustworthy person to her. The applicant’s first appeal application was denied. He renewed his application and the Supreme Court of Criminal Appeal granted the application. This time his conviction was quashed, the sentences were set aside, and the Court ordered a new trial at the next sitting of the Circuit Court.

The applicant was convicted in the Circuit Court of Kingston for the offences of indecent assault, incest and assault. Later, a single judge granted leave to appeal and granted legal aid to the appellant. The prosecution conceded that the learned trial judge erred in imposing a sentence of 15 years imprisonment in respect of the incest charge, under the Child Care Protection Act of 2004, because the appellant was actually charged under the Incest (Punishment) Act, which establishes as maximum penalty for the crime is five years.