Frederick Antonio v R

• Jurisdiction: Bahamas
• Judge: Isaacs, JA
• Judgment Date: 27 February 2019
• Neutral Citation: BS 2019 CA 18
• Court: Court of Appeal (Bahamas)
• Date: 27 February 2019
• Docket Number: SCCrApp & CAIS No. 127 of 2016

IN THE COURT OF APPEAL

Before:

The Hon Mr Justice Isaacs, JA

The Hon Mrs Justice Crane-Scott, JA

The Hon Mr Justice Jones, JA

SCCrApp & CAIS No. 127 of 2016

Frederick Antonio

Appellant

and

Regina

Respondent

Appellant appeared Pro Se

Mr Francis Wilson, with Mr Bradford McKenzie, Counsel for Respondent

Criminal practice and procedure - Plea agreement — Judge failed to follow procedure under section 10(2) of the Plea Agreement Act — Finding that appellant derived benefit from change of pleas to receive concurrent sentences

1 (Substantive Appeal)

2 The oral judgment of the court was delivered by

Isaacs, JA

3 I have to indicate that it is not the application for leave to appeal out of time that we are here concerned with. It is the actual substantive appeal of the appellant.

4 In the circumstances, therefore, we find no merit in the appeal bearing in mind that the six (6) years imposed was as recommended by the prosecutor and it is apparent as per the plea agreement made between the Crown and the appellant. Even if we were satisfied that the judge was wrong to have acted in absence of following the procedure under section 10(2) of the Plea Agreement Act, the appellant has suffered no substantial miscarriage of justice in this case inasmuch as he has derived a benefit from his change of pleas to have received a sentence of six (6) years in respect of both and for the sentences to run concurrently. The six (6) years run concurrent to the three (3) years he had been serving on the Magistrate's Court for the stealing offence.

5 In the circumstances, we apply the proviso under section 12 as we are satisfied that there has been no substantial miscarriage of justice in this case.

6 The appeal is therefore dismissed. The conviction is affirmed and the sentence is affirmed.

Dated this 27th day of February, 2019

ISAACS, JA