Case Lavern Longsworth V The Queen Judgment 1 
IN THE COURT OF APPEAL OF BELIZE, A. D. 2014
Criminal Appeal No. 21 of 2012
LAVERN LONGSWORTH
Appellant v THE QUEEN
Respondent
______
BEFORE:
The Hon. Mr. Justice Dennis Morrison
The Hon. Mr. Justice Samuel Awich
The Hon. Madam Justice Minnet Hafiz-Bertram
Justice of Appeal
Justice of Appeal
Justice of Appeal
G. P. Smith S. C. along with L. Mendes for the appellant
C. Vidal S.C., Director of Public Prosecutions, along with S. Smith for the respondent ______
10, 21 and 27 June, and
7 November
2014
HAFIZ-BERTRAM JA
Introduction
[1]
On 15 July 2010, Lavern Longsworth (‘the appellant’)
threw some kind of
accelerant on her common law husband, David White (‘the deceased’), and thereafter threw a lit candle at him. The deceased sustained second degree burns to 85% of his body and died on 2 August 2010 of multiple organ failures and infection. On 19 September 2011, the appellant was indicted for murder, contrary to section 106(1) of the Criminal Code, Chapter 101,
as on 2 August
2010, she murdered the deceased by unlawful harm inflicted on 15 July 2010.
The trial before a jury commenced on 9 October 2012 and on 1 November 2010
1
the appellant
was convicted of murder. On 8 November 2012, she
was
sentenced to life imprisonment.
[2]
On 12 November 2012, the appellant gave notice to appeal her sentence
and conviction. On 15 April 2014, she
filed an amendment to her notice of
appeal and an application for leave to adduce fresh evidence in the appeal, pursuant to section 33 of the Court of Appeal Act, Chapter 90. On 3 June 2014, she filed a further application to introduce fresh evidence.
Both applications
were heard by the Court of Appeal on 10 June 2014 and granted as prayed. The hearing was then adjourned to 21
June 2014
when the court heard
submissions on sentencing.
[3] On 27 June 2014, the court, pursuant to section 31(2) of the Court of Appeal
Act, substituted for the verdict of guilty of murder returned by the jury on 1
November 2012, a
Criminal Appeal No. 21 of 2012
LAVERN LONGSWORTH
Appellant v THE QUEEN
Respondent
______
BEFORE:
The Hon. Mr. Justice Dennis Morrison
The Hon. Mr. Justice Samuel Awich
The Hon. Madam Justice Minnet Hafiz-Bertram
Justice of Appeal
Justice of Appeal
Justice of Appeal
G. P. Smith S. C. along with L. Mendes for the appellant
C. Vidal S.C., Director of Public Prosecutions, along with S. Smith for the respondent ______
10, 21 and 27 June, and
7 November
2014
HAFIZ-BERTRAM JA
Introduction
[1]
On 15 July 2010, Lavern Longsworth (‘the appellant’)
threw some kind of
accelerant on her common law husband, David White (‘the deceased’), and thereafter threw a lit candle at him. The deceased sustained second degree burns to 85% of his body and died on 2 August 2010 of multiple organ failures and infection. On 19 September 2011, the appellant was indicted for murder, contrary to section 106(1) of the Criminal Code, Chapter 101,
as on 2 August
2010, she murdered the deceased by unlawful harm inflicted on 15 July 2010.
The trial before a jury commenced on 9 October 2012 and on 1 November 2010
1
the appellant
was convicted of murder. On 8 November 2012, she
was
sentenced to life imprisonment.
[2]
On 12 November 2012, the appellant gave notice to appeal her sentence
and conviction. On 15 April 2014, she
filed an amendment to her notice of
appeal and an application for leave to adduce fresh evidence in the appeal, pursuant to section 33 of the Court of Appeal Act, Chapter 90. On 3 June 2014, she filed a further application to introduce fresh evidence.
Both applications
were heard by the Court of Appeal on 10 June 2014 and granted as prayed. The hearing was then adjourned to 21
June 2014
when the court heard
submissions on sentencing.
[3] On 27 June 2014, the court, pursuant to section 31(2) of the Court of Appeal
Act, substituted for the verdict of guilty of murder returned by the jury on 1
November 2012, a