Allen v Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Hall, J.
• Judgment Date: 01 January 1992
• Court: Supreme Court (Bahamas)
• Date: 01 January 1992
• Docket Number: Criminal Side No. 75 of 1991

Supreme Court

Hall, J.

Criminal Side No. 75 of 1991

Allen

and

Commissioner of Police

APPEARANCES:

Mr. Hartman Longley for appellant

Miss Michelle Martinborough for respondent

Criminal law - Burden and standard of proof — “High suspicion” does not constitute proof of guilt — Evidence led by prosecution did not pass stage of “suspicion” — No nexus between appellant and drugs found — Appeal allowed.

RULING

Hall, J.

1 One of the classic formulae upon which judges direct jurors as to the burden and standard of proof is that suspicion, even “high suspicion” does not constitute proof of guilt in a criminal trial.

2 In this case I do not see that the evidence led by the prosecution had passed the stage of “suspicion”; the prosecution's evidence did not establish a nexus between the appellant and the drugs found.

3 The appeal is allowed. The conviction and sentence are set aside.

4 DATED this 1 ^st day of May 1992.

Burton P.C. Hall, J.