The State v Daniel (A/C Fries)
| Jurisdiction | Trinidad & Tobago |
| Judge | Weekes, J.A. |
| Judgment Date | 29 July 2010 |
| Neutral Citation | TT 2010 CA 40 |
| Docket Number | CrApp. No. 36 of 2006 |
| Court | Court of Appeal (Trinidad and Tobago) |
| Date | 29 July 2010 |
Court of Appeal
Weekes, J.A.; Yorke-Soon Hon, J.A.; Narine, J.A.
CrApp. No. 36 of 2006
Mrs. Joan Honore-Paul for the appellant.
Messrs. R. Rajcoomar and R. Morgan for the respondent.
Criminal law - Appeal by State against withdrawal of case from jury — Whether prosecution established a prima facie case against respondent.
The appellant appealed the decision of Charles, J. to withdraw a case from the jury on the ground that the prosecution failed to establish a prima facie case that the acts of the respondent directly caused o- substantially contributed to the cause of death of Lincoln Teesdale (the deceased).
The State has appealed the judge's decision pursuant to section 65(e)(1)(a) of the Supreme Court of Judicature Act, Chapter 4:01 as amended by the Administration of Justice (Miscellaneous Provision) Act No.28/1996.
We allowed the appeal and now deliver the reasons for our decision.
The deceased died of pulmonary thromboembolism (PTE) due to deep vein thrombosis. The learned judge, in her ruling, found that the prosecution could not establish with certainty that a stab wound inflicted by the respondent was the direct or substantial cause of death. In her reasoning, she found that even though two pre-disposing factors for the formation of PTE were present, namely trauma and surgery, there was insufficient evidence to show that the stab wound constituted trauma in this case. Further, no evidence was led to determine whether presence of marijuana in the deceased's blood contributed in any way to the formation of PTE. There was evidence that the wound was no longer lire-threatening after the prescribed treatment and the pathologist in her report indicated That there was a healing wound on the upper posterior (back) pole of the left kidney. The judge found that there was a live issue not answered by the prosecution case i.e. whether the original stab wound was the direct or substantial cause of death.
According to the judge, the prosecution failed to establish which of the pre-disposing factors for PTE were the substantial cause of death and also whether the failure to discern the presence of a blood clot was an independent act which relegated the stab wound to background history. The judge found that any finding as to the cause of death would be speculative and upheld the respondent no-case submission.
On 23 July 2003, between 8:30 and 9 p.m., the deceased was in the company of Wendell Teesdale and Michael Forbes sitting on a bench in the yard of one Mr. Dulfie on Teesdale Road. The respondent walked up to the bench and asked the deceased “Tappa what is the scene boy?” The deceased responded “What scene boy?” After the respondent repeated his question the deceased ignored him and started walking towards his house which was located a short distance away. The respondent then held the deceased by his neck, from behind, and the ensuing struggle reached onto Teesdale Road.
The respondent subsequently lifted the deceased and dropped him on his back on the roadway. He then stood over the deceased and stabbed him in the chest with a knife. The deceased was taken to the San Fernando General Hospital that evening. He was first seen by Dr. Michelle Hydal Kennedy at 9:45pm. She found that he suffered a deep 3cm laceration at the 6th intercostal space of the left chest wall, decreased expansion of the left chest wall and that his chest was dull to percussion and there was significantly decreased air entry. She made a diagnosis of haemopnuemothorax (This refers to free gas and blood in the pleural cavity of the chest), which is a life threatening condition. She inserted a chest tube and after further monitoring found his vital signs to be stable. In her opinion the procedure would not have taken into consideration his blood clotting.
He was next seen by Dr. Kelly Sookoo on 24 July 2003 and diagnosed as having haemopnuemothorax and a possible stomach injury. Instructions were given for placement of a nasogastro tube, a Urinary catheter and that he be administered antibiotics, oxygen and intravenous fluids. Dr. Sookoo stated in evidence that the procedure to place the chest tube was a surgical procedure that required local anaesthetic.
On 25th July 2003, Dr. Sookoo again attended to the deceased, found that he was not improving and ordered a CT Scan of the chest and an abdominal X-ray. On 20h July 2003, he noticed no discernible change.
On 27th July 2003, he again requested a CT Scan of the chest and abdomen and asked that observation be continued. The CT Scan was not done that day. The deceased died on 28 July 2003 at hospital.
Forensic pathologist, Dr. Eastlyn Mc Donald-Burris, testified that the deceased died from PTE due to deep vein thrombosis. She noted a fresh thrombus or blood clot at the bifurcation of the pulmonary trunk, which is the main artery that takes blood to the lungs. She testified that there are four (4) common pre-disposing factors for PTE: trauma, surgery, obesity and immobilisation, also that a person can also develop PTE in the absence of these factors.
She did not consider the...
To continue reading
Request your trial