Bartholomew Pinder v The Commissioner of Police

JurisdictionBahamas
CourtCourt of Appeal (Bahamas)
JudgeSir Michael Barnett, P
Judgment Date24 October 2022
Neutral CitationBS 2022 CA 143
Docket NumberMCCrApp & CAIS No. 121 of 2019
Bartholomew Pinder
Appellant
and
The Commissioner of Police
Respondent
Before:

The Hon Sir Michael Barnett, President

The Hon Mr Justice Isaacs, JA

The Hon Madam Justice Bethell, JA

MCCrApp & CAIS No. 121 of 2019

IN THE COURT OF APPEAL

Mr Geoffrey Farquharson, Counsel for Appellant

Ms Linda Evans, Counsel for Respondent

1

(Clarification of Sentence)

Sir Michael Barnett, P
2

The oral judgment of the court was delivered by

3

The matter before the court arises out of a decision of the court dismissing the appeal by Mr. Bartholomew Pinder against his conviction for possession of dangerous drugs for which he was convicted in the Magistrate's Court and sentenced to incarceration. The issue before us arises as to when does the period of his incarceration or the serving of his sentence should begin.

4

Mr. Pinder was convicted in the Magistrate's Court n July of 2019 and he appealed to this court. Pending the appeal to this court, he was on bail.

5

In August of 2020, he was arrested by the police for breach of his conditions of bail and brought before the court on an application for the revocation of that bail. On 10th August, 2020, the application for revocation was heard by Justice Turner. On 10th August, 2020, when the application for revocation came before a court, Mr. Pinder requested his lawyer to be present and the matter was adjourned to 17th August, 2020. However, based upon information before Justice Turner at that time (that is, 10th August, 2020), Justice Turner, for reasons set out his judgment, suspended the bail of the respondent and remanded him into custody pending the hearing of the application for the revocation of 25 bail. It is therefore clear that from 10th August, 2020, the applicant had been remanded into custody.

6

For those reasons, Mr. Pinder should be given credit for the period of his incarceration from 10th August, 2020, in determining the length of his sentence or his period of incarceration.

7

In the premises, the sentences have been affirmed, but the applicant is to be given credit for the period of incarceration from 10th August, 2020.

8

That is the ruling of the court.

SIR MICHAEL BARNETT, P

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT