The Director of Public Prosecutions v Cheguvera Moxey

• Jurisdiction: Bahamas
• Court: Supreme Court (Bahamas)
• Judge: Williams, J
• Judgment Date: 01 November 2024
• Docket Number: Cri/vbi/73/3/2021

Between

The Director of Public Prosecutions

and

Cheguvera Moxey

Before:

The Honourable Mr. Justice Franklyn K M Williams, KC

Cri/vbi/73/3/2021

IN THE SUPREME COURT

Criminal Division

Appearances:

Tabitha Frazer for the Director of Public Prosecutions

Stanley Rolle for the convict

JUDGEMENT ON SENTENCING

Williams, J

2 The convict was charged with the attempted kidnap of Chinique Joseph at 2pm on Friday 20 November 2020 at Father Calnan Road, New Providence. He was charged with causing damage to a Town and Country van, a fence and a wall at Father Calnan Road, New Providence on 23 November 2020, having returned thereto. The convict was unanimously convicted of damage. He was acquitted of the attempted kidnap; notwithstanding, I refer to the latter here as the two offences are for the purposes of trial and sentencing inextricably linked. Having been identified as the suspect in the attempted kidnap, having been given a lawful order to exit his vehicle by officers of the Royal Bahamas Police Force (“the police”) in an attempt to detain him preliminary to enquiry into the allegation, the convict refused, and whilst attempting to make good his getaway, the convict unlawfully and intentionally damaged the vehicle, the wall and fence.

3 The convict claims that the damage was caused, whilst he in fear for his life from a mob, attempted to get away from that mob. Further, he likens the circumstances to the recurring scenario of “hit men” emerging from silver colored vehicles to carry out assassinations. In the same breath he says that the men, presumably the mob he describes, alleged that he had raped their cousin or family member. The two claims are contradictory:

“THE WITNESS: I saw four guys jump out, they cut me off, in front of my car, saying that I just rape their lil cousin or something.

And I say, who, me? I done see them feeling for something, and they coming at me. I jump in my car. I put it in reverse. I'ne (sic) see nothing. I'ne see nothing. I just trying to get oft' the scene. Then when I hit all the other stuff, I look up through my windshield, all I see is a group of guys running after me.

“A. My life was in jeopardy. I feared for my life. I have heard numerous reports of the occupants of a silver Honda; that was all the information the police have. They say something about a Honda, and now a person is dead. That is what I thought was going to happen. And I jump in my car, try to get away from these guys, because I don't know what they going to do to me. They done tell me I rape somebody, and I don't know about nothing. So I was scared.”

4 That evidence is wholly contradicted and refuted by the evidence of Sgt. D'Avorous Newman, and the stipulated evidences of W/PC Black and Dorene Renae

5 The evidence of W/PC Black:

“While en route to Force Garage the driver at the time PC 3964 Smith took Market Street route and turned onto Father Calnan Road to head to the Garage. At this time while on Father Calnan Road this unit was beckoned by a group of males just at the rear of John Chea Food Store. Upon seeing this we came to a complete stop where I observed from the back seat of the vehicle Cpl. 3897 Newman scrolled down his window on the right passenger side and interacted with these males asking them their reason for beckoning the patrol car. At this time one of the males said, “This bey just rape my lil cousin.” Acting on information received Cpl 3987 Newman exited the marked patrol car with revolving lights on and went to further enquire on this matter. While doing same a male clad in a white shirt and dark colored sweat pants jumped into a red colored vehicle that was parked at the rear of John Chea Food Store. On doing same this male with forced then reversed this vehicle into the patrol car that was already at a stop causing damages to the right rear side of the patrol car. While still seated at the back of the patrol car I observed when this male went forward in this vehicle and his vehicle for a second time in the direction of the patrol car/ However, this unit already move the patrol car. During this time Cpl. 3897 Newman was still on the outside of the vehicle ordering the driver of this red vehicle to come to a stop with negative result. This male then reverse his vehicle down the middle of Fr. Calnan Rood with both unit and Cpl 3897 Newman giving chase behind same to get him to come to a stop again with negative results. It was at this time the vehicle collided into a wall situated at the northern side of Fr. Calnan Road and then into a white van that was parked on the southern side before coming to a complete...