12-Nov-09
START DATE
END DATE
11/20/2009
Michael C. Diel v. Lee-Roma Swan
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda Appellate Jurisdiction
CRIMINAL JURISDICTION
Chief Justice Richard Ground
Mr. Marshall (For the Appellant)
Ms. L. Burgess (For the Crown)
FACTS OF THE CASE:
The Appellant, Michael Diel, was convicted in the Magistrates? Court for refusing to take a breath test, using offensive words, and violently resisting arrest. He was sentenced to probation for two years, fined $1,000, and disqualified from driving for one year. The appeal was against the probation order, arguing that it was excessive and restricted his ability to study abroad.
SUMMARY:
(1) Was the probation order excessive given the nature of the offenses? (2) Did the travel restriction unduly interfere with the Appellant?s education? (3) Should rehabilitation take precedence over punitive measures?
OUTCOMES:
Probation order confirmed condition regarding education abroad struck out
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Michael C. Diel v. Lee-Roma Swan
The Appellant, Michael Diel, was convicted in the Magistrates? Court for refusing to take a breath test, using offensive words, and violently resisting arrest. He was sentenced to probation for two years, fined $1,000, and disqualified from driving for one year. The appeal was against the probation order, arguing that it was excessive and restricted his ability to study abroad.