Canice Lionel Appellant v The Queen Respondent [ECSC]
| Jurisdiction | St Lucia |
| Judge | BISHOP, J.A. |
| Judgment Date | 09 May 1988 |
| Judgment citation (vLex) | [1988] ECSC J0509-3 |
| Court | Court of Appeal (Saint Lucia) |
| Docket Number | CRIMINAL APPEAL NO. 6 of 1987 |
| Date | 09 May 1988 |
IN THE COURT OF APPEAL
The Honourable Sir Lascelles Robotham—Chief Justice
The Honourable Mr. Justice Bishop
The Honourable Mr. Justice Moe
CRIMINAL APPEAL NO. 6 of 1987
Mr. K. Foster for the Accused
Miss S. d'Auvergne, Director of Public Prosecutions for the State
On the afternoon of 4th March 1987, around 4 o'clock, Charles Francis, also called "Crucian", was taken to the Casualty Department of the Victoria Hospital, where he was examined by a surgeon specialist. He had multiple wounds to his head, his left shoulder, and left hand. Those to his hand were regarded as extremely serious and in the opinion of the specialist they were caused by the use of considerable force.
There was no doubt that the wounds were inflicted by Canice Lionel, also called "Busaul", with a cutlass.
On the 7th March 1987 Charles Francis died.
A post mortem examination was performed and the pathologist concluded that death was due to "(i) extra-dural and sub-dural haemorrhage of the brain, (ii) laceration of the brain and (iii) fracture of the skull".
On the 10th March 1987 Canice Lionel was charged with the murder of Charles Francis and on the 4th November 1987 he was convicted and sentenced under the law.
Two differing versions of the circumstances were put before the Jurv for consideration.
The Carnival Season ended at midnight on Tuesday 3rd March 1987. Between 8.00 p.m. and 9.00 p.m. that night Charles Francis and his sister Jacinta Hunte, went to the headquarters ( camp) of the Carnival band called Mas Creations. Canice Lionel was there and he accused Francis of bouncing him and his girlfriend when they were jumping in the band. He then hit Francis on the head three times, with a stick. His head began to bleed and his sister took him home. Before they left, canice Lionel remarked that he was going and get two "rock" (cocaine), make a report, and return for Francis.
Canice Lionel's 16 year old girl friend—Patricia Dalson—gave evidence to the effect that at the camp she accidentally touched Crucian and he became very annoyed and quarrelsome. Canice Lionel spoke to him and Crucian replied saying that if Abousack was there he would slap Busaul. Shortly after, Abousack arrived and Crucian hit Busaul with a piece of wood. Busaul ran and Abousack threw a bottle at him. It struck him on his right arm. According to Dalson, she saw Crucian with a knife but he did not do anything with it. She said too that Busaul did not hit Crucian with a stick, nor did he say that he was going for two "rock", make a report, and return for Crucian. Abousack and Crucian were put out of the camp and to avoid meeting them outside Busaul sent for a taxi. The taxi arrived and took them to Chaussee. She then went to Busaul's home where she slept.
On some aspects the testimony of the Crown's witnesses Jacinta Hunte and Patricia Dalson, conflicted.
On the 4th March 1987, around 10.45 a.m. Canice Lionel went to Port Police Station and made a report to Corporal Catherine Agdoma, to the effect that"one Abousack and one Crucian" assaulted and beat him on Tuesday 3rd March 1987 at Barnard Hill, Castries, at 8.00 p.m.". Among other questions, the corporal asked him where did he receive the blows. He showed his back and upper right arm and though she looked she did not sea any sign of bodily harm. She then advised him to instruct a lawyer to file a complaint against the men. He assured her that he understood her advice and would follow it. He then left the station.
Around 11.00.a.m. the accused bought a cutlass, took it to the workshop of McDonald Edwin, and asked to have it sharpened on both sides. Indeed he agreed to pay extra for such sharpening.
At about noon, the accused was walking through Leslie Land. Martin Sampson, also known as Rambo, was sitting on a house step and the accused stopped. He told Rambo that his (Rambo's) friends Abousack and Crucian had beaten him and he hoped that when he did what he did, Rambo would not get involved. Tony John, known as Jim, was sitting with Rambo and overheard what was said. Rambo did not answer the accused who then continued on his way.
P.C. Gaspard Blaize, dressed in plain clothes, joined Rambo and Jim; and within about 10 minutes or so, the accused was walking in the opposite direction, away from Wilton's yard (or the Grave yard)-. He was carrying a bloodstained cutlass and he said "Rambo go and pick up his neck in the grave-yard"—or words to that effect. Martin Sampson thereupon drew P.C. Blaize's attention to what was said; and Blaize went towards Wilton's Yard some 200 feet away. There he saw Charles Francis with bleeding wounds. He contacted another policeman and they set out in search of Canice Lionel.
Later that same day, Canice Lionel was informed that investigations were underway in a report that he wounded Charles Francis. He was cautioned and he dictated a statement which was recorded.
On the 10th March 1987, Canice Lionel was charged with murder, and cautioned. He said: "What I have to say, 1 have already said it on the statement I gave you Wednesday 4th March, 1987".
Briefly then, the Crown's case was based upon circumstances preceding the infliction of the wounds and upon the statement of the accused to the police.
I wish to refer now to that statement of 4th March.
Canice Lionel explained that around 7.00 p.m. on the 3rd March 1987, he followed Mas Creations band to its camp at Conway. He sat on an old car smoking and his girl friend Patricia Dalson joined him there. Crucian was nearby and he pulled a knife from beneath the rubbish. Patricia stood up and Crucian pushed her. When he asked Crucian—jokingly—why he did so, Crucian challenged him and "played" the knife in his face. Crucian also threatened that he would call Abousack to take away Lionel's chains and to beat him. Lionel left and went to change his costume. While doing so he heard a voice asking for him and adding "I want to kill him". He changed and came out of the room. He told his girl friend he would take her home. When they were going through the door, Crucian pushed her and remarked "We killing you first". At the time Crucian was armed with a knife. Lionel went to him and asked him to "cool out himself". Then, in the words of the statement:—
"…….he was coming towards me with the knife. His friend Abousack told him to finish with that; he was pushing him outside….. So I tell him: 'just so you come and look for trouble with me'? He tell me he wants to kill me, he wants to hurt me. He was pushing the knife towards my belly. I went back to the Mas camp to get something to defend myself. So I got a piece of stick. I came towards them with the piece of stick. When I reach close to him I strike him with the stick. He ran outside. Abousack had a bottle of whisky in his hand. He threw it at me and the bottle knock me on my right arm. When I was about to run after them the members of the Mass Camp hold me and told me to finish with that. So I listen to them….."
The accused explained further that his attackers were waiting outside armed with a cutlass and a gun. He did not go outside but asked someone to get a taxi. A taxi came andit took him home.
This statement, given before Charles Francis died, also dealt with events on the 4th March 1987.
Canice Lionel said that he went to the police station in the morning and he made a report to Corporal Agdoma. She advised him to instruct a lawyer. He said alright and left the station to go home. I now quote:—
"On my way home a few friends told me that they have some guys looking for me, which is Crucian, Abousack, Rambo and two others. I told them alright. So I went to Valmont. I bought a 4-nail cutlass…… on my way home I went to sharpen the cutlass to defend myself…… I put it in my waist. On the way I met with Crucian. He pull out a knife from his waist. He stop me and he told me, look him, I hit him with the stick last night he will jookme now. I told him to behave himself. He strike the knife at me. I step back, pull out the cutlass from my waist. When he saw the cutlass he ran and pick up a stone, I ran towards him. He ran to a yard. I ran after him. I strike the cutlass at him on his body, twice. I was blood coming from his head…… I rant to my home…….. The police came to my home. I hand over the cutlass."
The Crown's case was that upon the facts and circumstances along with the statement given to the police, it had been proved that Canice Lionel premeditated and intentionally caused the death of Charles Francis by unlawful harm.
With Charles Francis dead, only Canice Lionel could tell what happened between them at Wilton's Yard on the 4th March 1987. However, he described in evidence on oath, not only the incident on that date but also what occurred over the three previous days. In addition, through the cross-examination of the Crown's witnesses, his Counsel sought to show that Rambo was a close friend of Crucian and for that reason he gave a fabricated story in the hope that Busaul would be convicted. Tony John and P.C. Blaize were untruthful.
The accounts of events over the first four days of March 1987 must be recalled particularly in the light of the attack on the directions to the Jury on the issue of provocation.
(a) The night of 1st March.
According to the accused he attended the King and Queen show at Mindoo Phillip Park. He was celebrating the success of his friend "Easy" and he went to buy a case of beer. Abousack, Crucian and others encircled him. Abousack had a gun and he told Crucian and Rambo to search Busaul and take away his money. Rambo declined and when Abousack directed Crucian again, Easy came up and spoke to them. They left. In the words of the accused "They did...
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