Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Prosecution's Case in Matter of The Island v. DD for Wounding with Intent. Virtual Complainants- KB AND OB Accused- BB Date of Offence - 20

Prosecution's Case in Matter of The Island v. DD for Wounding with Intent.

Virtual Complainants- KB AND OB

Accused- BB

Date of Offence - 20th day of January 2013.

Place of offence- Trail Mix

Offence - Wounding with Intent- Contrary to S. 12 of the Offences against the Person Act Chp. 11:08.

Facts for the Prosecutions in matter of the virtual complainant/Victim-

Around 10:00pm on the 20th day of January, 2013 KB (Victim) was in-company with his brother OB W and other persons liming at Francisville Tobago. KB at this time was waving a flag after a political motorcade had just ended when he accidently hit MK the girlfriend of the accused. Upon being struck by the flag, MK told KB "Don't let hit flag hit meh". MK then left where she was standing and walked away in an easterly direction towards Delaford.

Approximately five minutes later after MK left, the accused came to the area where KB was standing with a cutlass in his waist. The accused approached KB and told him that he wanted to reason with him. KB then asked the accused "reason for what?". Shortly thereafter upon KB saying this to the accused, the accused pulled the cutlass from his waist and began chopping KB. KB was chopped three times by the accused. KB began bleeding heavily and fell to the ground losing consciousness shortly thereafter. KB was then taken to the Hospital. Upon awaking at the said hospital KB was visited by police officers who interviewed and recorded a statement from him.

Facts as it relates to the 2nd Victim OB:

On the 20th day of January 2013 at approximately 10:00pm, OB the victim and others were liming at same as above after the end of a political motorcade. He stood approximately 10 meters away from his brother Kyle Wilson and the accused. Oren noticed the accused engaged in a conversation which then looked like an argument between KB and the accused. Oren then saw the accused pull a cutlass out and started chopping KB. OB had flag which was fitted on a PVC pipe which he used to beat off the accused. The accused then turned and looked at OB and pelt a chop at Ob. Ob brakes the chop with his hand resulting in him being chopped on his hand. With his hand bleeding, OB then ran off and whilst running bounced into a panel van that was parked. The accused then raffed Oren's head but OB was able to duck out from the hold. OB started to run towards a bus shed, ongoing to the bus shed OB tripped and fell and crawled into a drain. The accused then stood over OB with the cutlass and watched down on him. OB managed to crawl under the bus shed and came out on the other side. When OB came out on the other side, he was no longer able to see the accused. OB stayed on the ground and was assisted and was later conveyed to the Scarborough Hospital.

Evidence:

Medical Report KB

The medical report documented that Kyle sustained:

  1. A deep laceration over the left antecubital fossa
  2. A deep laceration over the left shoulder region
  3. Cuts to the abdomen
  4. Bruises on the face and chest
  5. Cuts to the pulp of the right-hand 3rd and 4th digits

It was also documented that the injuries were inflicted with a sharp object.

Medical Report OB

The medical report documented that OB sustained:

  1. A chop wound to the left arm with injury to muscles and tendons
  2. Deformity to the left arm noted; fracture through left humerus
  3. Small laceration on dorsum right hand

It was also documented that the injuries were inflicted with a sharp object with the use of moderate to severe force.

The accused later gave a statement to the police specifically to PC Mc who recorded same in the presence of PC Lew. The statement the accused gave to the police was one of self defence and a prior altercation as mentioned in the defense's case. The accused also admitted to walking/having in his possession a cutlass on the night of the incident.

PC stated when he interviewed the accused, he asked him where the cutlass was he used, and the accused stated he threw it in the river. The accused signed to him stating this in the Station Diary.

Based on the above what questions i can ask as the prosecutor to the accused in cross examination

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Forensic Accounting

Authors: Robert Rufus, Laura Miller, William Hahn

1st Edition

133427528, 133050475, 9780133427523, 978-0133050479

Students also viewed these Law questions