Browne v R

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Robotham. C.J.
• Judgment Date: 09 April 1986
• Neutral Citation: MS 1986 CA 1
• Docket Number: Criminal Appeal No. 2 of 1985
• Date: 09 April 1986

Browne

and

R.

Robotham, C.J. Moe, J.A. Mitchell, J.A. (Acting)

Criminal Appeal No. 2 of 1985

Court of Appeal

Criminal Law - Appeal against conviction — Murder — Mens rea of murder defined

Criminal Law - Appeal against conviction — Murder — Mens rea of murder defined

Criminal Law - Defence — Insanity

Held: Appeal dismissed on the ground that the error in counsel's submission derived from his use of Lord Cooke's definition of murder, but another acceptable definition is that murder is “intentional and deliberate killing of one person by another without lawful justification or excuse”.

Held: That evidence was submitted for insanity and that such evidence could not be prayed in aid for the alternative verdict of automatism. Independent evidence was required to establish this

Held: The evidence was submitted for insanity and was rejected. Such evidence could not be prayed on for an alternative verdict of automatism. Independent evidence was required to establish this.

Facts: The defence appealed against the conviction of murder on the ground that the prosecution had not established that there was “malice aforethought”.

Facts: This was an appeal against conviction of murder on the grounds that the judge misdirected the jury in not defining disease of the mind and automatism

Facts: The defence appealed against the conviction of murder on the grounds that the judge misdirected thejury in not defining (a) the disease of the mind (b) automatism.

1 Robotham. C.J. delivered the Judgment of the Court:

2 The appellant a former member of the Montserrat Constabulary Force between February 1978 and August 1980 was on November 28, 1985, convicted for the murder of Lillian Puckey and sentenced to death. From this conviction he has appealed.

3 The deceased was an expatriate, 74 years of age, who made her home in Montserrat since the year 1974. She involved herself in community and religious work, and had assumed the role of a mother towards the appellant.

4 Mrs. Puckey made frequent trips abroad to visit her family in the United States and Australia, and on March 20, 1985 she attended on Edith Margetson at the Runaway Travel Agency and purchased for the price of $8,214.50, a ticket with which to travel to Australia. She paid for this ticket with a cheque drawn on the Royal Bank of Canada and on March 21, she returned and collected the ticket.

5 On Friday, Marchxs 22, 1985, Norrill Gumbs a Minister of Religion saw the deceased in Parliament Street and spoke with her. Gumbs testified that he knew the deceased was leaving the Island on Sunday, March 24 because of as a result of a conversation with her on March 14, he was charged with the responsibility of taking care of her house during her absence.

6 On Saturday, March 23, Gumbs in passing the deceased's home at around 6.30 p.m., observed that the outer door was closed with a cement block, and the inner one was secured with a padlock, which he had never seen before. There was a note written on a white card and pinned to the door which read “Emergency phone 2281. I am very sorry off Island”. The telephone number was that of Revd. Gumbs, Seeing this, he cane to the conclusion that deceased had left the Island ahead of schedule.

7 In view of the fact that he was to have been the caretaker of the deceased's home in her absence, he searched for the key but without success. He made enquiries at the Public Library, the Royal Bank, the Immigration Department, and Grove Agricultural Station. On Monday, he spoke to his wife, and later that same afternoon made a telephone call to the United States. On Sunday, March 31, Joyce Massick, the daughter of the deceased telephoned Gumbs from the United States with the result that on Monday, April 1,1985, accompanied by the Police, he went to the home of the deceased. Their approach was heralded by a very bad odour emanating from the house. Upon entering, the body of Mrs. Puckey was found forced into a travelling trunk. He later identified this body to the Pathologist.

8 Dr. Sree Ramulu, a Pathologist from Barbados, performed a post Morton: examination on April 3,1985, when the body was in an advanced state of decomposition. He found abrasions over the hands, chest wall, and of the deceased. The breast bone was fractured horizontally between the third and fourth ribs, and ribs one to seven both on the right and on the left side were fractured. The fractures of the breast bone and the ribs, could have resulted from several blows, or from pressure applied, the degree of pressure required varying with the age of the victim. The older the person he said, the easier it would be to create the fractures.

9 The hyoid bone on the front of the neck was fractured, and in his opinion this could have been caused by a human hand applying pressure which process is called by throttling or manual strangulation.

10 There was also a laceration of the upper lobe of the left lung which could have been caused by the fractured ribs.

11 All the above-mentioned injuries to the breast bone, ribs, hyoid and lung, were caused prior to the death of the deceased and his was that death was caused by strangulation and traumatic asphyxia.

12 The Pathologist then went on to speak of some post mortem injuries. In particular he found there was a fracture of the cervical spine, he testified could have been caused by some one, after death had already ensued, forcefully bending the neck. It could happen also if some forced the body into a container which was smaller than the body as for example, if it were forced into the travelling trunk shown to him in Court. The evidence led at the trial was that the body was found crammed into closed trunk, and that clothing was covering it.

13 Kathie Allen testified that she was accustomed to assist the in cleaning her home, and at one stage actually lived in the house with her. She agreed with the suggestion from Counsel for the appellant the relationship between the deceased and the appellant was “one like mother and son”. She herself enjoyed a good relationship with the and was a frequent visitor to the deceased's home.

14 On March 22, Allen said whilst she was assisting the deceased to the appellant arrived at the house. This was about 6.45 p.m., and she heard him speaking to deceased. She spoke in an intelligible manner. She left shortly after leaving them both alone.

15 Before she left however, she assisted the deceased in moving a trunk downstairs from upstairs.

16 It was the same trunk in Court, which was shown to the Pathologist.

17 On Saturday, March 23, she passed the deceased's home and saw the padlock securing the door. She did not recognize the padlock. She saw the note on the door with the telephone number of Revd. Gumbs she searched for the key but did not find it and on April 1, she saw the dead body of Mrs. Puckey at the Hospital. On April 5, 1985, she went to the Police Station where she was shown a number of articles which one identified as items which were in the deceased's home up to the time of her demise. These included a refrigerator, a stove, a television net and an air mattress.

18 She was cross-examined and she admitted having heard the appellant speak of his health in conversation with Mrs. Puckey. This witness also said in evidence that the deceased operated accounts at the Royal Bank and Barclays Bank and the cheque books were usually kept in her pocket.

19 Clifford Allen, a taxi driver testified that as arranged previously with the deceased he arrived at her home at 5.35 a.m. on Sunday, March 24 to take her to the Airport. On blowing his horn and getting no requested he investigated and saw the note and lock on the door. He left seeing this.

20 The accused's movements on March 22–25

21 The movements of the accused between March 22 and 25 are most important as there being no eyewitness to the killing of Mrs. Puckey, they all formed part of the chain of circumstantial evidence which the Crown presented against the appellant at his trial. They are also of great importance in view of the projected defences at the trial of Insanity and automatism.

22 The starting point is 3.30 p.m. on March 22 when the appellant to the office of Carib World Travel to purchase a ticket to travel to Antigua, and the culminating point is March 25, when according to Immigration records he left the Island. I shall endeavour to catalogue then in chronological sequence.

23 Friday March 22;

24 3.30 p.m: The appellant purchased from Yvonne Piper an employee of Carib World Travel a ticket to travel to Antigua on Monday, March 25. He tendered a cheque drawn on the deceased account at the Royal Bank for $300 U.S. and asked for change. There was no ready cash to give him change so he was told to return on Saturday, March 23. This evidence emanates from Pamela Arthurton, the Manager.

25 6.45 p.m.: The appellant arrives at Mrs. Puckey's home. There he sore her and the witness Kathie Allen packing. Allen leaves then both at about 6.55 p.m. They were alone together. Allen says appellant spoke to her in an intelligent manner, and witness, he understood her.

26 9.00 p.m.: Steadroy Samuel, a taxi driver known personally to the appellant is engaged by him to pick up some things at the waterlane Street address of the deceased. Samuel observed that the appellant's clothes appeared to be rumpled. Appellant directs him to Mrs. Puckey's house, which is entered by the appellant, using a key.

27 After an interval, the appellant loads into his taxi a television set and six chairs taken from deceased's house, then closes the door and further directs the taxi to his (appellant's) house where the goods are unloaded and he receives his fare of $10.

28 Saturday, March 23:

29 10.00 a.m.: According to Pamela Arthurton the appellant returns to her travel agency for his change from Mrs. Puckey's cheque of the previous. He is told to return at noon at which...