Eric Culmer v The Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Sir Hartman Longley, P
• Judgment Date: 30 September 2019
• Neutral Citation: BS 2019 CA 149
• Court: Court of Appeal (Bahamas)
• Date: 30 September 2019
• Docket Number: MCCrApp & CAIS No. 287 of 2018

IN THE COURT OF APPEAL

Before:

The Hon Sir Hartman Longley, President, Kt

The Hon Mr Brian Moree, CJ

The Hon Mr Justice Barnett, JA

MCCrApp & CAIS No. 287 of 2018

Eric Culmer

Intended Appellant

and

The Commissioner of Police

Respondent

Intended Appellant appeared Pro Se

Ms Kristan Stubbs along with Mr Algernon Allen, Jr.

Criminal practice and procedure - Warrant of commitment incorrectly stipulating that that sentences run consecutively — Appeal allowed and sentences ordered to run concurrently.

1 (Extension of Time)

2 The oral judgment of the court was delivered by

3 Sir Hartman Longley, P, Kt:

4 The court notes for the record that the warrant of commitment incorrectly stipulates that the sentences in this matter, the two years imposed for the conviction for the possession of firearm and one year possession of ammunition, are to run consecutively. That is obviously an error. These sentences should have been made to run concurrently as the magistrate stipulated at the end of her ruling.

5 In the circumstances, the court will allow the appeal, set aside the warrant and order that the sentences are to run concurrently, and the prison is to amend its records to reflect the order made by this court.

Dated this 30th day of September, 2019

SIR HARTMAN LONGLEY, P, Kt