10/3/2006
START DATE
END DATE
12/2/2007
Robert Trew v. Angela Cox
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda (Appellate Jurisdiction)
Criminal Law
Hon. Justice Carlisle Greaves
Mr. Mark Pettingill
Ms. Graham Allen
FACTS OF THE CASE:
Robert Trew was convicted of grievous bodily harm (GBH) after an altercation with another taxi driver, Williston Trott, on 3 February 2005. The incident occurred in a parking lot, where a verbal exchange escalated into a physical confrontation. Trew claimed self-defense, arguing that Trott initiated the altercation by pushing him. The Magistrate found that while Trew was provoked, his response (headbutting and striking Trott multiple times) was excessive. Trew appealed on the basis that the Magistrate failed to properly assess the provocation and did not determine the degree of retaliation before concluding it was disproportionate.
SUMMARY:
(1) Did the Magistrate properly assess the provocation claim? (2) Was Trew�s response objectively excessive given the circumstances? (3) Should the burden of proof have remained with the prosecution rather than shifting to the defendant?
OUTCOMES:
Appeal allowed; conviction overturned.
RULED IN FAVOUR OF:
Robert Trew (Plaintiff).
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Robert Trew v. Angela Cox
Robert Trew was convicted of grievous bodily harm (GBH) after an altercation with another taxi driver, Williston Trott, on 3 February 2005. The incident occurred in a parking lot, where a verbal exchange escalated into a physical confrontation. Trew claimed self-defense, arguing that Trott initiated the altercation by pushing him. The Magistrate found that while Trew was provoked, his response (headbutting and striking Trott multiple times) was excessive. Trew appealed on the basis that the Magistrate failed to properly assess the provocation and did not determine the degree of retaliation before concluding it was disproportionate.