Vibert Adams v The Queen

IN THE COURT OF APPEAL CRIMINAL APPEAL NO. 1 of 1992 VIBERT ADAMS – Appellant and THE QUEEN – Respondent Before The Honourable Chief Justice Floissac – President The Honourable Mr. Justice Byron J.A. The Honourable Mr. Justice Matthew J .A. (.Ag.) Appearances: A. Williams for the appellant C. Joseph for the Respondent 7th April, 1992 JUDGEMENT FLOISSAC, C.J . On the 5th February 1992 before a jury presided over by Joseph J, the appellant pleaded guilty of the offence of assault causing actual bodily ha.rm and was sentenced. to imprisonment for a term of 3:- years. He appealed against his sentence. In support of a reduction of the sentence, counsel :for the appellant relied. on the facts that (1) the assault was the appellant’s response to a slap by the victim. in rejection of his advances; (2) the only injury to the victim was a bruise at the back of the neck (3) the appellant was badly beaten by the victim’s relatives in punishment for the assault; (4) the appellant lost his job at the hotel as a result of the incident and (5) the appellant had no previous conviction of an offence of this nature. The prosecution sought to establish that assaults of young ladies were prevalent in the State but no evidence was adduced of – that prevalence in Union Island which is a. closed community. In those circumstances, we consider the sentence to be excessive and hereby reduce to imprisonment for a term of one year. V.F. FLOISSAC CHIEF JUSTICE C.M.D. BYRON JUSTICE OF APPEAL A.MATTHEW J.A. (Ag.) JUSTICE OF APPEAL < p align=”center”>