News

Appealing a guilty plea

AN UNUSUAL CASE surfaced this week in the Court of Appeal in which a man who entered a guilty plea sought to have his guilty plea set aside so that he could face trial.

He filed several grounds of appeal outlining the reasons his appeal should be allowed.

The appellant Andrew Darby, 29, welder, of 2 St. Raphael Road, Kingston 2 had thrown gasolene on 33-year-old Annmarie Barrett and her two-year-old daughter Nikita Matthews who also lived at the same premises as Darby and set them ablaze. They died from severe burns. The incident took place in March 1996.

Darby was charged with murder and when the case came for trial in March 2002, he pleaded not guilty to the charges. After hearing evidence from two witnesses, he pleaded not guilty to murder but guilty to manslaugher, the lesser offence. The judge sentenced Darby to 30 years imprisonment.

Spectators in court queried how Darby could have been applying for a new trial when he confessed in court to the crimes. "The only way he could get his wish for a new trial is if he said he did not know the difference between guilty and not guilty", a spectator remarked.

Darby's excuse was that after being in custody for six years he just wanted to have the case done away with. In the grounds of appeal he blamed his lawyer for giving him insufficient advice, he said the prosecution and the police did not give all the documents to the defence. He complained that his sentence was manifestly excessive.

After hearing legal arguments in the case, the court said that the documents which Darby complained about did not contain anything in his favour. The court rejected Darby's claim that he was not advised sufficiently by his lawyer when he entered the guilty plea.

It was the court's ruling that it was not true because Darby was not coerced or deceived to enter a guilty plea.

Darby's appeal against sentence was turned down. The judges said leniency was extended to Darby when the trial judge accepted the guilty pleas to manslaughter. The court said the facts of the case were such that if Darby was convicted of murder, it would be very difficult for his conviction to be disturbed on appeal.

Under the Judicature (Appellate Jurisdiction) Act, the Court of Appeal has the power to dismiss and appeal, allow an appeal and free an appellant or allow an appeal and order a retrial, increase sentences or decrease sentences.

In Darby's case, the court had to dismiss his appeal because he had no valid ground of appeal.