A man who was sentenced in 2006 to 15 years' imprisonment for murder will instead serve 10 years' imprisonment for manslaughter.

He is 42-year-old construction worker Christopher Thomas of a Kingston address.

The Court of Appeal last Monday upheld submissions from attorney-at-law Everton Bird that provocation arose in the case and the trial judge failed to direct the jury that manslaughter arose in the case.

Thomas was convicted in the St Catherine Circuit Court of the murder of Kevin Douglas. Douglas was fatally stabbed in the neck on March 8, 2002 at a construction site at Cedar Grove, St Catherine.

On the day of the incident, there was an argument about the loss of money. Thomas was of the view that Douglas had taken the money. Evidence was given that Thomas grabbed onto the deceased and used a knife to stab him three times.

Thomas said in his defence that he had acted in self-defence. He said the deceased pulled a kitchen knife and he defended himself.

Provocation in defence

The Court of Appeal, comprising Justice Howard Cooke, Justice Karl Harrison and Justice Mahadev Dukharan. said the judge had dealt fairly and adequately with self-defence.

The court said there was evidential material capable of amounting to provocation and the judge should have left provocation for the jury's consideration. It was the court's finding that Thomas was denied a verdict of manslaughter.

A verdict of manslaughter was substituted after the court set aside the conviction of murder. Thomas was sentenced to 10 years' imprisonment for manslaughter, which is to commence from September 27, 2006 when he was sentenced for murder.