High Court Refused Appeal Against Conviction

It was argued that the Trial judge had misdirected the jury by telling them the defence was maintained and it was argued that complainer Gordon Forbes was not a credible witness. 

The accused on the day of the assault was sleeping in his flat after taking drugs and was awoken by the sound of someone at this front door; he went to the door holding a machete. When he had opened the door the appellant grabbed him and they proceeded to have an argument over the machete. The complainer then fell to the ground and injured himself.

It was noted that the appellant was identified by CCTV at the locus and by the complainer’s neighbour who he had initially went to by mistake. Moreover, he had returned to the scene and spoke to the police with the same clothes from the CCTV footage. The machete was also recovered from the complainer’s flat with his blood on the blade and the appellant’s DNA. 

During the Trial the appellant did not give any evidence however only submitted that the injury might have been accidental. The appellant did return to the scene on which was a false pretext with the complainer’s blood on his t-shirt.

The appeal was refused.