Barzey v R

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Byron J.A.
• Judgment Date: 27 April 1993
• Neutral Citation: MS 1993 CA 3
• Docket Number: Criminal Appeal No. 3 of 1992
• Date: 27 April 1993

Barzey

and

R

Floissac, C.J.; Liverpool, J.A.; Byron, J.A.

Criminal Appeal No. 3 of 1992

Court of Appeal

Appeal — Appeal against sentence — Appellant sentenced to 25 years and 15 years respectively for rape and robbery — Sentences to run concurrently — Circumstances were aggravated — Whether appellant's mental illness was factor to influence the imposition of longer period of imprisonment — Whether sentences excessive.

Appearances:

Appellant in person.

Mrs. Gretel Thom for the Respondent.

Byron J.A.

1 On 9 November, 1992 the appellant was sentenced to twenty five (25) years for rape and fifteen (15) years for robbery, the sentences to run concurrently. He has appealed, in person, against his sentence on the ground that it is excessive.

2 The record shows that after the appellant was convicted the trial Judge adjourned the case to another date to consider the question of sentence, at which time he heard evidence and an address from the counsel who appeared for the appellant at the trial. The trial Judge did not record his reasons for the sentences he imposed.

3 Counsel for the Crown urged that the sentences were justified because the nature of the offences required severe punishment, the appellant was schizophrenic, and had eight (8) previous convictions.

THE NATURE OF THE OFFENCES

4 The evidence revealed that the appellant accosted the virtual complainant as she was entering her home, forced her into the house at knife point with threats to her life, then raped and robbed her.

5 The circumstances under which these offences were committed were aggravated and justify severity of punishment.

THE APPELLANT'S MENTAL ILLNESS

6 At the hearing on the issue of his sentence the appellant called Dr. Paul Johnstone to testify as to his mental health. The evidence indicated that since 1982 he had been diagnosed as suffering from schizophrenia and had been admitted to hospital some eight (8) times between 1988 and June 1991; that his illness is exacerbated by alcohol and marijuana abuse; that he responds to treatment and has lucid periods. The doctor expressed the opinion that the offences were committed in such a lucid period. There was no evidence that there was any relationship between his illness and the commission of the crime, nor that his illness would cause him to commit grave offences in the future if left alone.

7 The sentencing principles on which the court acts when dealing with offenders who have problems of...