11/26/2009
START DATE
END DATE
4-Feb-10
Denis Winslow Devent White v. Angela Cox (Police Constable)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
Criminal Law
Hon. Carlisle Greaves
Saul M. Froomkin Mello Jones & Martin
Ms. Auralee H. Cassidy and Mr. M. McColm Director of Public Prosecutions
FACTS OF THE CASE:
The appellant Denis Winslow Devent White was convicted and sentenced for sexual assault based on an incident between January 1 and December 31 2006 where he was alleged to have assaulted the complainant a child who was the daughter of his then-girlfriend. The case was reported to the police in January 2008 and tried in August 2009. The appeal was granted due to issues with the handling of delay in complaint impact of appellant's prior convictions and incorrect legal standards by the magistrate.
SUMMARY:
Whether the appellant's conviction for sexual assault was justified based on the evidence and whether the magistrate erred in his legal reasoning and application of the burden of proof.
OUTCOMES:
Conviction and sentence set aside appeal allowed
RULED IN FAVOUR OF:
Appellant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Denis Winslow Devent White v. Angela Cox (Police Constable)
The appellant Denis Winslow Devent White was convicted and sentenced for sexual assault based on an incident between January 1 and December 31 2006 where he was alleged to have assaulted the complainant a child who was the daughter of his then-girlfriend. The case was reported to the police in January 2008 and tried in August 2009. The appeal was granted due to issues with the handling of delay in complaint impact of appellant's prior convictions and incorrect legal standards by the magistrate.