Yearwood v. The Queen (Grenada)

Privy Council Appeal No. 75 of 2000

Michael Yearwood Appellant v.

The Queen Respondent

FROM

THE COURT OF APPEAL OF GRENADA

REASONS FOR REPORT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL,

OF THE 16th May 2001, Delivered the 26th June 2001

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Present at the hearing:-

Lord Slynn of Hadley

Lord Steyn

Lord Hoffmann

Lord Hope of Craighead

Lord Hutton

[Delivered by Lord Hope of Craighead]

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The deceased Jefferson Gilbert was killed by a single stab wound to the chest on 29th August 1998 during a party at the Grand Mal Community Centre, St George, Grenada. On 30th August 1998 the appellant Michael Yearwood was arrested and charged with his murder. On 15th March 1999 in the Supreme Court of Grenada (St Paul J and a jury) he was found guilty of the murder and sentenced to death. He appealed against his conviction to the Court of Appeal of Grenada. On 8th July 1999 the Court of Appeal (Byron CJ, Satrohan Singh and Redhead JJA) dismissed the appeal. On 14th December 1999 he was given special leave to appeal as a poor person to their Lordships' Board. At the conclusion of the hearing of the appeal on 16th May 2001 their Lordships announced that, for reasons to be given later, they would humbly advise Her Majesty that the appeal should be allowed and that there should be substituted for the verdict of murder a verdict of manslaughter. The following are the reasons which their Lordships now give for their report.

There were a number of eyewitnesses to the events of the evening in the course of which the deceased was killed. It is unnecessary for the purposes of this report to go into all the details. The deceased had gone to a party in the Community Centre with his brother Jason Gilbert, his cousin Stephen Greenidge, his brother in law Devon Vincent and one other man. There was a dance hall upstairs where music was being played. After a while Jason Gilbert left the others and went downstairs for a short time. When he went back upstairs he found that the appellant and another man had positioned themselves in the doorway at one of the entrances with led from a veranda into the dance hall. He told them that he had paid his entrance fee and asked them to let him pass so that he could get into the hall. The appellant refused to do so and swore at him, so he went down the corridor and went into the hall through another door. Later, when he was in the dance hall, he saw the deceased and his cousin trying to leave the dance hall by the doorway which was still being blocked by the appellant. After an argument they got out of the hall and went downstairs. Shortly afterwards Jason Gilbert too went downstairs. He found his brother lying on his face…

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