8/24/2016
START DATE
END DATE
8/30/2016
Somner v. The Queen Tucker v. Fiona Miller (Police Sergeant)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Appellate Jurisdiction Supreme Court of Bermuda
IAN RC KAWALEY CJ
Saul Dismont (Marshall Diel and Myers Limited)
Nicole Smith (Office of the Director of Public Prosecutions)
FACTS OF THE CASE:
Appellants challenged their sentences for impaired driving offences seeking referral to the Drug Treatment Court (DTC) instead under the contention that Magistrates erred in not applying Section 68 of the Criminal Code which allows for DTC consideration
SUMMARY:
Whether DTC jurisdiction extends to alcohol addiction and traffic offences
OUTCOMES:
Appeals allowed cases remitted to Magistrates Court for consideration under DTC
RULED IN FAVOUR OF:
Appellants
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Somner v. The Queen Tucker v. Fiona Miller (Police Sergeant)
Appellants challenged their sentences for impaired driving offences seeking referral to the Drug Treatment Court (DTC) instead under the contention that Magistrates erred in not applying Section 68 of the Criminal Code which allows for DTC consideration