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Machete attacker loses appeal

One of two brothers jailed for a machete attack on a teenager has failed in his attempt to have the conviction overturned.

Derek Weeks and Javon Weeks set upon Jahkumani Riley-Smith in March 2014 after he stole their moped from outside their Devonshire home.

The teenager, who was 15 at the time, lost a finger in the attack and suffered a six-inch knife wound to his neck.

Derek Weeks, 28, who was wielding the weapon, was sentenced to six years in prison, while Javon Weeks, 30 — described by Puisne Judge Carlisle Greaves as more of an accomplice — was jailed for four years.

During his Social Inquiry Report interview, after he was convicted but before he was sentenced, Derek Weeks admitted his role in the attack, but he maintained that his brother, Javon, was “not even there”. This prompted Javon Weeks to launch an appeal against his conviction.

However, the Court of Appeal has dismissed Javon Weeks's appeal.

Its ruling stated: “Suffice to say that it is not the function of a criminal appeal to reargue points which have clearly been placed before the jury for their consideration and which have been rejected by them.

“Far less is it possible to advance for the first time on appeal an obvious defence which could have been advanced at trial, but which was not.

“It seems quite obvious that the appellant could have invited the jury to find that even if his codefendant was guilty, he was innocent.

“Clearly he put brotherly love and family solidarity ahead of self-preservation.

“The defence he elected to advance was fairly put to the jury by the trial judge.”

• It is The Royal Gazette's policy not to allow comments on stories regarding criminal court cases. As we are legally liable for any slanderous or defamatory comments made on our website, this move is for our protection as well as that of our readers.

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Published June 22, 2016 at 9:00 am (Updated June 22, 2016 at 10:03 am)

Machete attacker loses appeal

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