3/14/2018
START DATE
END DATE
4/9/2018
D.S (a minor) v The Queen
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Criminal Law Appellate Law
S. Subair Williams A/J
Saul Dismont
Javone Rogers
FACTS OF THE CASE:
The case involved an appeal against a sentence to corrective training for a minor which was quashed and substituted with a sentence of 3 months probation. The appeal highlighted the issue of indeterminate sentences and the proper procedure for sentencing minors under the Young Offenders Act 1950. An application for indemnity costs was made by the appellant's counsel and awarded by the court
SUMMARY:
The legal basis for awarding costs in criminal appeals the appropriateness of indemnity costs for minors the conduct of the prosecutor
OUTCOMES:
The appeal against sentence was allowed the sentence to corrective training was quashed costs were awarded in favor of the appellant on an indemnity basis
RULED IN FAVOUR OF:
Appellant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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D.S (a minor) v The Queen
The case involved an appeal against a sentence to corrective training for a minor which was quashed and substituted with a sentence of 3 months probation. The appeal highlighted the issue of indeterminate sentences and the proper procedure for sentencing minors under the Young Offenders Act 1950. An application for indemnity costs was made by the appellant's counsel and awarded by the court