Rodriguez Jean Pierre v The King
[2023] UKPC 15
Caryn Moss v The King (Bahamas)
25 July 2023
[2023] UKPC 28
Privy Council
Caryn Moss helped kill someone and was convicted. She said she was threatened, but the court said she could have stopped. Her long prison sentence was changed because the court didn't fully consider how she was threatened.
Key Facts
- •Caryn Moss was convicted of conspiracy to murder O'Neil Marshall, a witness in a murder trial.
- •Moss's conviction was based on her police statement and interview, where she admitted knowledge of the plot and participation in luring Marshall to his death.
- •The charges against Moss's co-conspirators were later withdrawn.
- •Moss argued duress as a defence, claiming threats against her life.
- •The trial judge ruled duress was not a defence to conspiracy to murder.
- •The Court of Appeal upheld the conviction but increased the sentence.
- •Moss appealed to the Privy Council.
Legal Principles
Offence of Murder
Section 290(1) of the Penal Code, Chapter 84
Offence of Conspiracy to Commit an Offence
Section 89(1) of the Penal Code, Chapter 84
Liability of Abetters
Section 86(1) and (2) of the Penal Code, Chapter 84
Common Law Defence of Duress
Section 2 of the Declaratory Act, Chapter 4; R v Hasan [2005] UKHL 22
Limitations of Duress
R v Hasan [2005] UKHL 22
Judge's Duty to Present All Possible Defences
R v Winston Anthony Williams (1994), R v Augustine Achuzia Kachikwu (1968), Von Starck v The Queen [2000]
Sentencing for Conspiracy to Murder
Section 90(1) of the Penal Code, Chapter 84; Attorney-General v Raymond Larry Jones SCCrApp Nos 12,18,19 2007; Attorney-General v Kevin Smith SCCrApp No.261 of 2012
Coercion as a Mitigating Factor in Sentencing
R v Hasan [2005] UKHL 22
Outcomes
Appeal against conviction dismissed.
The defence of duress, even if available for conspiracy to murder, was not supported by the evidence. While there was evidence of threats, there was also sufficient time for Moss to take evasive action.
Sentence of 35 years imposed by the Court of Appeal quashed.
The Court of Appeal failed to adequately consider coercion as a mitigating factor despite the evidence suggesting Moss acted under duress although not meeting all strict legal requirements. The case is remitted to the Court of Appeal for re-sentencing.