October 9 2015
START DATE
END DATE
November 16 2015
Leo Simmons v The Queen
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CRIMINAL APPEAL SEXUAL OFFENSES BURGLARY
Ian RC Kawaley CJ
Vaughan V. Caines
Maria Z. Sofianos
FACTS OF THE CASE:
Simmons was charged with burglary and sexual assault against his on-off girlfriend. Convicted by Magistrates? Court appealed on grounds including the weight of evidence and mishandling of complainant's credibility. Burglary substantially admitted sexual assault denied. No DNA testing done. Magistrate found complainant credible despite inconsistencies and previous deceit. Conviction on burglary affirmed sexual assault quashed due to lack of explicit findings on complainant's credibility and absence of corroborating evidence.
SUMMARY:
Whether the convictions were supported by the evidence and the handling of the complainant's credibility
OUTCOMES:
Burglary conviction affirmed sexual assault conviction quashed and acquittal substituted
RULED IN FAVOUR OF:
In favour of the Defendant for the sexual assault charge
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Leo Simmons v The Queen
Simmons was charged with burglary and sexual assault against his on-off girlfriend. Convicted by Magistrates? Court appealed on grounds including the weight of evidence and mishandling of complainant's credibility. Burglary substantially admitted sexual assault denied. No DNA testing done. Magistrate found complainant credible despite inconsistencies and previous deceit. Conviction on burglary affirmed sexual assault quashed due to lack of explicit findings on complainant's credibility and absence of corroborating evidence.