Luke Laguere v The Commissioner of Police; Dwayne Lynes v The Commissioner of Police

• Jurisdiction: Bahamas
• Judge: Crane-Scott, JA
• Judgment Date: 09 October 2019
• Neutral Citation: BS 2019 CA 157
• Date: 09 October 2019
• Court: Court of Appeal (Bahamas)
• Docket Number: MCCrApp & CAIS No. 135 of 2019 MCCrApp & CAIS No. 137 of 2019

IN THE COURT OF APPEAL

Before:

The Hon Mrs Justice Crane-Scott, JA

The Hon Mr Justice Barnett, JA

The Hon Mr Justice Evans, JA

MCCrApp & CAIS No. 135 of 2019

MCCrApp & CAIS No. 136 of 2019

MCCrApp & CAIS No. 137 of 2019

Patrick Smith

Intended Appellant

and

The Commissioner of Police

Respondent

Luke Laguere

Intended Appellant

and

The Commissioner of Police

Respondent

Dwayne Lynes

Intended Appellant

and

The Commissioner of Police

Respondent

Mr Ryszard Humes, Counsel for Intended Appellants

Ms Abigail Farrington, with Counsel for Respondent

Criminal practice and procedure - Application for extension of time to appeal — Appeal against conviction — Decision to quash the conviction and sentences and substitute an order for conditional discharge.

1 (Extension of Time)

2 The oral judgment of the court was delivered by

Crane-Scott, JA

3 We have before us the extension of time applications submitted on behalf of these three intended appellants, two of whom are juveniles. Having considered the applications, the court accedes to the applications, quashes the conviction and sentences imposed by the learned magistrate and substitutes in its place an order for the conditional discharge of these three intended appellants.

4 The condition is that they undergo one hundred (100) hours of community service to be monitored and arranged by the Department of Social Services.

5 The further order is that they are to return to this court on Tuesday, 21st January, 2020, for report.

Dated this 9th day of October, 2019

CRANE-SCOTT, JA