By Barbara Gayle, Staff ReporterA 25-YEAR-old man who robbed and stabbed to death an 18-year-old student five years ago, has escaped the hangman's noose because of his alleged statement to the police that he did not mean to cut the deceased.
Andre "Bowla "Jarrett, of Payne Land, Kingston 11, will instead serve 20 years imprisonment at hard labour as the Court of Appeal has set aside his death sentence for capital murder and substituted a conviction for manslaughter.
"The learned trial judge ought to have left the possibility of a verdict of manslaughter to the jury based on the alleged statement of the appellant that he did not 'mean to cut' the deceased. His failure deprived the appellant of the chance of being convicted for the lesser offence," the Court of Appeal held.
Jarrett was convicted in the Home Circuit Court on June 14, 2001 for the 1997 murder of 18-year-old Christopher Lee.
The Crown led evidence that about 7.30 p.m. on May 8, 1997, Lee was going home from evening classes. He alighted from a bus on Waltham Park Road, Kingston 11 and while walking along Howard Avenue, he was held up by the accused Jarrett. The witnesses said Jarrett held on to Lee's bag and when he resisted, Jarrett slashed him in the face and stabbed him several times in the chest and armpit. He was rushed to the Kingston Public Hospital where he died three days later. Lee gave a dying declaration to relatives that it was Jarrett who stabbed him.
Jarrett was arrested and charged by Detective Sergeant Norman Hamilton. In a caution statement Jarrett admitted to stabbing Lee because he was "looking a food and he resist."
Attorney-at-law Jack Hines argued several grounds of appeal one of which was that Jarett's statement to the police "boss me never mean fi cut him" was sufficient evidence of the lack of intention to kill or cause grievous bodily harm. He said on that basis the judge should have left manslaughter for the jury's consideration.
The Court of Appeal in sentencing Jarrett said that in view of the seriousness of the offence, a long term of imprisonment was appropriate.
