The Tribune

By FARRAH JOHNSON

Tribune Staff Reporter

fjohnson@tribunemedia.net

THE Court of Appeal has affirmed the nine-year manslaughter sentence of a man convicted of killing his ex-girlfriend’s new lover nearly a decade ago.

Don Brennen was charged with murder after prosecutors said he stabbed Dwayne Jackson to death during an argument at his former girlfriend’s home in November 2011.

During his trial, his former partner was the Crown’s key witness. When she testified, she said she and Mr Jackson had planned to go to dinner and a movie at the time of the incident; however, before she left home, Brennen came to her residence.

“As she was coming out of the shower, she heard the doorbell ring and her dog started to bark,” a judgment on the Crown’s website read. “She said to the person that she was not ready yet because she thought it was Jackson. When Brennen said, ‘You ain’t ready yet?’ she said that she realised it was Brennen and not Jackson. She told Brennen to leave her house as he is always causing confusion.”

According to court documents, Mr Jackson arrived at the woman’s residence about 20 minutes later. She told the court that when she went to the door and tried to close and lock it; Brennen slapped her in the face. She said when she pushed him off, Mr Jackson ran out of his truck and tried to separate them. She told the court Brennen then punched Jackson and the two “went at it”.

“Jackson,” she said, “tried to run away, but he fell, and she heard him say, ‘He stabbed me,’” the court documents continued.

“She said she saw when Brennen ‘jook’ him in his back. She said that Brennen said if he cannot have (her), no one could. She said that she saw Brennen spin Jackson over and ‘jook’ him in his chest. Brennen started walking up and down, saying ‘(She) caused this because she didn’t leave this man alone.’ She said Brennen then threw the knife in the garbage, jumped in his truck, and pulled off.”

During his trial, Brennen pleaded not guilty to murder. The trial jury found him guilty of manslaughter and he was sentenced to nine years imprisonment, minus the time he had already spent on remand.

He recently appealed his sentence after arguing the trial judge erred when they allowed evidence of his bad character and when they admitted the evidence of one witness who gave a statement to police five years after the incident occurred.

The Department of Public Prosecutions also appealed Brennen’s nine-year sentence on the grounds it was too lenient.

Last week, Sir Michael Barnett, Roy Jones and Milton Evans dismissed Brennen’s appeal and affirmed his conviction. The panel further dismissed the DPP’s appeal against Brennen’s sentence and affirmed his current remand time.

In their judgement, delivered by Sir Michael, the panel noted the evidence of bad character Brennen had issue with was related to previous incidents between him and Mr Jackson.

“This evidence was never challenged and was therefore not disputed evidence which required a specific warning or direction by the trial judge,” Sir Michael stated. “While a direction to the jury that they ought to be satisfied that the previous incidents were not evidence of the offence with which the appellant was charged, the lack of such a direction did not make the verdict unsafe.”

He added: “The five-year delay in obtaining a statement from (the witness) may affect the weight given to the statement, but it does not affect its admissibility. Regarding the DPP’s appeal against the sentence, the DPP has not identified the wrong principle of law being attributed to the trial judge. Further, while a nine-year sentence may be considered lenient, it is not so lenient as to warrant interference by this court.”