Demetrio Rolle v The Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Sir Michael Barnett,Madam Justice Bethell, JA,Sir Brian Moree, JA
• Judgment Date: 26 September 2022
• Neutral Citation: BS 2022 CA 131
• Docket Number: MCCrApp & CAIS No. 20 of 2022
• Court: Court of Appeal (Bahamas)
• Year: 2022

Demetrio Rolle

Intended Appellant

and

The Commissioner of Police

Respondent (Extension of Time; Substantive Appeal)

Before:

The Hon Sir Michael Barnett, President

The Hon Madam Justice Bethell, JA

The Hon Sir Brian Moree, JA

MCCrApp & CAIS No. 20 of 2022

IN THE COURT OF APPEAL

Mr Phillip Hilton, Counsel for Intended Appellant

Ms Linda Evans, Counsel for Respondent

1 The oral judgment of the court was delivered by Sir Michael Barnett, P:

2 We have considered this matter. This is an application for an extension of time to appeal the conviction of possession of dangerous drugs with intent to supply made by Magistrate McKinney on 18th November, 2021. The appeal is out of time by about three months even though the Notice of Appeal was signed at the end of November, still short of the five-day period required under the Act.

3 That is not the basis upon which we are determining this appeal. We have read the evidence, we have read the ruling of the judge and we are satisfied that there is no basis upon which we can overturn his conviction or the finding of the magistrate that he was guilty of the offence. The would-be appellant was the owner and driver of the car; there was no dispute that the drugs (42.2 pounds of Indian hemp) was found in the backseat of the car and the judge accepted the evidence of the police officers that there was a pungent odour of the drugs when they stopped the car.

4 In those circumstances, we are satisfied that the finding of the judge, that the intended appellant was in possession of those drugs with intent to supply, is sound and there is no basis for us to overturn it.

5 In the circumstances, the application for an extension of time to appeal is dismissed and the conviction and sentence are affirmed.

Dated this 26th day of September, 2022

________________________

SIR MICHAEL BARNETT, P

ss