Davis v Attorney General

JurisdictionBahamas
JudgeHilton, J.
Judgment Date31 March 2016
Date31 March 2016
CourtSupreme Court (Bahamas)
Docket NumberCri/bail/9/2016

Supreme Court

Hilton, J. (Ag.)

Cri/bail/9/2016

Davis
and
Attorney General
Appearances:

Jairam Mangra for applicant

David Cox and Erica Duncombe for respondent

Cases Mentioned:

Jonathan Armbrister v. AG SCCr App. No. 145 of 2011Hurnam v. The StateNoordally v. Attorney General and another [1987] LRC

Criminal practice and procedure - Bail — Charged with armed robbery — Applicable principles as to whether bail should be granted considered — Whether the applicant should be granted bail where the offence charged was a serious offence — No unreasonable delay in the prosecution of the matter and a trial date set — Cogency of evidence against the applicant which has to be vetted at trial — If found guilty a lengthy sentence would be imposed — Applicant likely to be tempted to abscond — Bail refused.

Hilton, J., (AG.)

1

The applicant is a Bahamian citizen. He is 19 years old having been born on 9 th November 1996. He was charged with two separate counts of armed robbery on 21st December 2015 in the Magistrate's Court and remanded to the Bahamas Department of Corrections. He was arraigned in the Supreme Court on a Voluntary Bill of Indictment and two separate trial dates have been fixed for 18th July 2016 and 8th May 2017. He has no previous convictions or other cases pending.

2

The applicant had previously applied for bail which was heard on 20th January 2016 before Justice Bernard Turner and bail was denied for the reasons specified in the ruling dated 28th January 2016.

3

The applicant has now applied for bail on the principal grounds that:

  • a) He is presumed innocent under the provisions of the Constitution.

  • b) The evidence against him is weak and he does not know the complainant and would not interfere with complainant or other witnesses.

  • c) He poses no threat to society and will appear for his trial.

  • d) The facility of having reporting conditions to a Police Station and/or electronic monitoring device are adequate means to ensure the whereabouts of the applicant at all times and are sufficient safeguards to prevent any attempt at absconding.

4

The Attorney General has objected to the grant of bail on the following grounds:

  • a) The Charge of Armed Robbery is a serious charge for which bail should not be granted unless there is unreasonable delay.

  • b) The penalty the applicant is liable to suffer (if convicted) is severe possibility of life imprisonment and this gives the applicant a strong incentive to abscond or otherwise obstruct the course of justice.

  • c) The evidence against the applicant is cogent and strong as the virtual complainant identified the applicant on an identification parade.

  • d) There has been no unreasonable delay in the matter.

5

In determining what is the appropriate decision in this application the court has reviewed the relevant sections of the Bail Act as amended and the case authorities.

6

The proper test of whether bail should be granted or refused is whether it is probable that the defendant will appear to take his trial. Bail is not to be withheld as a punishment. In the case of Jonathan Armbrister v. A.G. S.C.Cr. App.No. 145 of 2011 John J-A. at paragraph 11, 12 and 13 gave a review of the applicable principles. At paragraph 11 he stated.

“A good starting point in reviewing the principles applicable where an (applicant) has been charged but not yet put on trial is the statement of Lord Bingham of Cornhill in Hurnam v. The state where he said at paragraph 1,

‘In Mauritius as elsewhere the courts are routinely called upon to consider whether an un-convicted suspect or defendant should be released on bail, subject to conditions pending his trial. Such decisions very often raise questions of importance both to the individual suspect or defendant and to the community as a whole. The interests of...

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