Hamilton & Anor v The Queen (Jamaica)

[2012] UKPC 37

Privy Council Appeal No 0051 of 2011

JUDGMENT

See also: [2012] UKPC 31

SIR ANTHONY HOOPER:

Introduction

1.                  On 2 April 2001 the appellants were found guilty in the Home Circuit Court, before Reckord J and a jury, of the murder of Saleem Hines, aged 21. On the same day they were sentenced to life imprisonment and ordered to serve 25 years before being eligible for parole.

2.                  On 24 March 2003 the Court of Appeal (Downer, Bingham and Panton JJA) refused the appellants' application for permission to appeal against their convictions and sentences. The Court made an order to the effect that the 25 year period was to start on 2 July 2001, thus adding three months to the original term.

3.                  Permission to appeal was sought long out of time, but the Board was persuaded that there was sufficient merit in the grounds of appeal to justify referring the appellants’ case to a full hearing: Hamilton and Lewis v The Queen [2012] UKPC 31, [2012] 1 WLR 2875, para 20. The judgment that follows deals with the merits of the appeal. It should be noted that the grounds of appeal on which the Board gave permission were not grounds upon which reliance was placed by the unrepresented appellants when appealing to the Court of Appeal.

The facts

4.                  At about 6.30-7.15am on Wednesday 4 February 1998 Saleem Hines was chopped to death with a machete at or very near his home in the Cottage Hill District, Kingston, Jamaica, a home which, at the time of his death, he shared with his mother, Elaine Hines (“Elaine”), his father and his three brothers, one of whom was 13 year old, Manase Hines (“Manase”). Saleem had been away from the home for some time and had returned the previous Monday.

5.                  Saleem Hines suffered nine chop wounds from the machete and he was found to have suffered three defensive wounds.

6.                  The appellants, Carlos Hamilton (“Hamilton”) and Jason Lewis (“Lewis”), lived together in a property very close by to the home of Saleem and his family.

7.                  On the evening of the killing Hamilton went to the local police station. He told the police officer: “A defend me a defend myself. Mi never mean fi kill him”. After caution Hamilton said: “Mi nuh chop nobody, boss”. He also said that only he and the deceased were present at the time. At the trial, through an unsworn statement, Hamilton again said that he had acted in self-defence and was alone at the time.

8.                  Lewis was arrested at about 10.00am on the morning of…