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Case details

Tafari Morrison (Appellant) v The King (Respondent) (Jamaica)

Case ID: JCPC 2021/0041

Jurisdiction: Court of Appeal of Jamaica

Case summary

Issue

Whether the appellant’s sentence for wounding with intent was unlawful because it was determined in accordance with a statutory minimum.

Facts

The appellant pleaded guilty to three offences: (i) illegal possession of a firearm; (ii) aggravated robbery; and (iii) wounding with intent. He was sentenced to 15 years’ imprisonment on each count, with the sentences to run concurrently. The judge imposed the sentences on the basis that he considered himself statutorily bound to impose a minimum 15 year sentence in respect of each offence. The appellant was 16 at the time he committed the offences, and 17 by the time he was sentenced.

The Court of Appeal allowed the appellant’s appeal in part and reduced the sentences imposed for illegal possession of a firearm and aggravated robbery. However, the Court of Appeal upheld the appellant’s 15 year sentence for wounding with intent on the basis that (i) the offence carries a minimum sentence of 15 years; and (ii) the minimum sentence is constitutional. The appellant now appeals the latter finding to the Judicial Committee of the Privy Council.

Parties

Appellant(s)

Tafari Morrison

Respondent(s)

The King

Appeal

Justices

Lord Reed, Lord Sales,Lord Stephens, Lady Rose, Sir Declan Morgan (NI)

Hearing start date

25 January 2023

Hearing finish date

26 January 2023

 
Watch hearing
25 January 2023 Morning session Afternoon session
26 January 2023 Morning session