Historic DPP appeal against 'lenient' murder sentence to be heard tomorrow

The first case brought by prosecutors since the law was changed last year giving limited right of appeal against acquittals and sentences is scheduled for hearing tomorrow.

Court of Appeal justices Frank Williams, Nicole Simmons and Evan Brown are set to hear the matter. 

Prosecutors from the Office of the Director of Public Prosecutions will be seeking to have the 12-year prison term imposed on Westmoreland man Lindell Powell significantly increased.

Powell was sentenced in December last year to 12-years' imprisonment each following his guilty plea for two counts of murder.

The sentences are to run concurrently so Powell would only serve 12 years.

However, Supreme Court Justice Bertram Morrison, who tried the case, ruled that Powell should not be eligible for parole until he has served ten years.

He pleaded guilty to the January 2017 murder of Oral McIntosh and Ida Clarke which took place in Westmoreland.'

DPP Paula Llewellyn has argued that the sentence was "unduly lenient and inadequate, given the circumstances of the cases". 

Powell had convictions for two firearm offences at the time of his murder convictions and was sentenced in August  2019 to 18 months' imprisonment each count.

After Powell was sentenced for the double murder,  the DPP's office issued a statement, saying the prosecutor had indicated on record when the plea was being entered, that the Crown had made a recommendation on the sentence to be imposed. 

The recommendation was that Powell should be sentenced to life on each count with eligibility of parole after serving 21 years.

Powell was one of the six men who were found not guilty in July 2020 of charges under the anti-gang legislation during the trial of alleged members of the Westmoreland-based Kings Valley Gang.

The Judicature (Appellate Jurisdiction)  (Amendment) Act 2021  and the Judicature (Parish Courts (Amendment) Act  2021 give the prosecution limited right of appeal in criminal proceedings in the Parish Court and the Supreme Court.

Some defence lawyers spoke out against the move. 

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