Stabbing conviction quashed
the issue of self defence had not been adequately considered.
Silkkurt Stanley Richardson was convicted on October 6, 1997 of unlawfully wounding David Astwood.
An Acting Magistrate found that Mr. Astwood and Mr. Richardson were involved in a cycle accident, after which Mr. Astwood and two of his friends made an unannounced visit to Mr. Richardson's house at 2 a.m. on October 3, 1996 to seek compensation for the damaged cycle.
Mr. Richardson was stabbed after the visit, although none of the witnesses claimed to actually see the stabbing.
But the Supreme Court appeal was based mainly on the grounds that, while the Acting Magistrate found that Mr. Astwood was not a credible witness, Mr.
Richardson's good character was not taken into account.
Chief Justice Austin Ward stated: "The question was not merely whether the defendant wounded Astwood, but whether he did so in circumstances which were necessary in order to resist or defend himself against an attack and whether the amount of force used was reasonable.'' Mr. Justice Ward allowed the appeal and Mr. Richardson left Supreme Court a free man.