Skeete v. The State (Trinidad and Tobago)

Skeete v. The State (Trinidad and Tobago) [2003] UKPC 82 (24 November 2003)

ADVANCE COPY

Privy Council Appeal No. 89 of 2002

Marcelle Skeete Appellant

v.

The State Respondent

FROM

THE COURT OF APPEAL OF

TRINIDAD AND TOBAGO

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JUDGMENT OF THE LORDS OF THE JUDICIAL

COMMITTEE OF THE PRIVY COUNCIL,

Delivered the 24th November 2003

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Present at the hearing:-

Lord Hoffmann

Lord Scott of Foscote

Lord Rodger of Earlsferry

Sir Andrew Leggatt

Sir Philip Otton

[Delivered by Lord Rodger of Earlsferry]

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Marcelle Skeete appeals by special leave against the decision of the Court of Appeal of Trinidad and Tobago dismissing his appeal against conviction for attempted murder and varying his sentence so as to add to the life sentence imposed by the judge a sentence that he be given 15 strokes with the birch.

Background:

The basic facts are not in dispute. At about 11 pm on 20 June 1990 the appellant went round to the house of Sherry Ann Hector who, some years before, had had a child by him. Two other people, Peter Roberts and his girlfriend Idalyn Marcelle, were in the house at the time. Using a cutlass, the appellant inflicted on Sherry Ann some 25 cuts of varying depths, 20 of which were potentially fatal. Although she survived, the victim's injuries were appalling: her left hand had almost been severed and, even some five years later, she had no sight in her left eye and was unable to open her right hand. The day after the incident, at Old Grange police station, under caution the appellant gave this version of what had happened:

"Sir, I went by Sherry Ann Hector last night and I meet another man there and I call she out and tell she about it and she deny it. She then pick up a cutlass and I take it away from she and planass she and she get cut. She then start to push she self against the cutlass and say 'Ah go kill myself and let them hang you.'"

Later that day the appellant helped the police to recover the cutlass. On 22 June the appellant was cautioned and charged with attempted murder and with wounding with intent to cause grievous bodily harm.

At his trial the appellant was represented by counsel, a Mr Des Vignes. At the outset of the trial the appellant pleaded not guilty to both charges. The case for the prosecution was that the appellant had attacked Sherry Ann in a fit of jealousy. In particular, the prosecution led evidence from her that at the start of the attack the appellant had said to her "I will get fucking even with you". He had repeatedly chopped her and had said "I will chop your mother cunt and drink poison". He had also said that, if he could not get her, no one else would. Glenora Keith, Sherry Ann's sister, gave evidence of hearing cries for help and of seeing the appellant chopping Sherry Ann…

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