Andre Chin-Yee v The King
On 21 December 2017, Andre Chin-Yee was convicted after a trial before a judge sitting with a jury in the Circuit Court for the parish of Saint James, holden at Montego Bay in that parish. He was found guilty on an indictment charging him with seven counts of grievous sexual assault contrary to section 3(1) of the Sexual Offences Act and two counts of incest contrary to section 7(1) of the Act. On 13 July 2018.
He was sentenced to 18 years’ imprisonment at hard labour on all counts of grievous sexual assault, with the stipulation that he serves 12 years before being eligible for parole. He was sentenced to 20 years’ imprisonment at hard labour for each of the offences of incest, with the stipulation that he serves 12 years before being eligible for parole.
The sentences of 18 years were ordered to run concurrently to each other and concurrently with the sentences of 20 years which were also ordered to run concurrently with each other.
The Court of Appeal heard submissions in respect of the grounds of appeal and, on 6 December 2022, made the following orders:
1. The application for leave to appeal is granted.
2. The hearing of the application is treated as the hearing of the appeal.
3. The appeal against conviction and sentence is allowed.
4. The conviction is quashed and the sentence is set aside.
5. A judgment and verdict of acquittal is entered.
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