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Criminal Cases

The Supreme Court of Bermuda

Civil

Sonya Darrell v. Lynda Sharon Peets-Swan

Dispute over the beneficial ownership of No. 1 Lemon Grove Hamilton Parish concerning a joint venture agreement to build four dwelling units on the property with both parties contributing to costs and expected to share ownership equally. The project was financed through a mortgage and further charge from the Bank of N. T. Butterfield Ltd. with both parties liable. The dispute arose when the defendant did not transfer the plaintiff's share of the property as agreed leading to legal action.

2008

Supreme Court of Bermuda

Civil

AB v. Mount Saint Agnes Academy

The Plaintiff a former student claims sexual exploitation by a teacher during 1998-1999. The Defendant sought to strike out the claim as statute-barred under the Limitation Act 1984. The court considered whether the action is time-barred and if discretion to disapply the limitation period should be exercised.

2023

The Supreme Court of Bermuda

Civil

Linda Fay Sousa (as Executrix for the Estate of Benjamin Sousa) v Barry Capuano

The case concerns a dispute over a mortgage agreement from 2004 between Benjamin Sousa and Barry Capuano with Capuano failing to meet payment obligations resulting in substantial arrears and a legal battle over the possession of the property and the exact amount owed

2022

Supreme Court of Bermuda

Civil

Kingsley Owen Young v. Lionel Hubert Young

Brothers dispute over property sale agreement signed under duress

2013

Court of Appeal for Bermuda

Criminal

Jeremiah Dill Alex Wolffe William Franklyn Smith Kiari Tucker v The Queen

Failure of appellants' counsel to file written submissions on time resulting in adjournment requests

2019

The Supreme Court of Bermuda

Civil

Raynol Shane Todd v. Dr. Annamalie Panagal Chelvam

The Plaintiff claimed the Defendant was negligent for not requesting imaging of the cervical spine which would have revealed a herniated disc. The Defendant admitted to a delay in diagnosis but disputed the extent of damage caused. The court found the Defendant breached their duty by not ordering a cervical MRI on July 29 2003 which would have diagnosed the Plaintiff's condition earlier. However it was not proven that the delay caused a worse outcome for the Plaintiff but it was self-evident that the Plaintiff suffered additional pain and suffering due to the delay.

2016

The Supreme Court of Bermuda

Civil

CAPCAR ENTERPRISES LTD -v- ONESMUS NZABALINDA AND DAVID RANDOLPH WILSON (as Trustees of the Laylash Trust) and LOIS WILSON

Plaintiff claimed a 10% commission from the sale of shares based on a brokerage agreement. Defendants argued the sale part of a settlement in legal proceedings did not constitute a 'sale' as per the agreement

2012

Supreme Court of Bermuda

Family

In the Matter of the XYZ Trusts

Trustees applied for court approval of a proposed restructuring of 23 trust settlements to reorganize assets into sub-funds for different branches of a family. The application was contentious due to objections from certain beneficiaries who argued that the proposal was irrational, inadequately safeguarded minority interests, and failed to ensure long-term liquidity. The court assessed whether the proposal constituted a valid exercise of the trustees' discretion and whether it infringed the rule against perpetuities.

2022

The Supreme Court of Bermuda

Divorce

S v S

The Petitioner, the Husband, a Bermudian, and the Respondent, the Wife, a Brazilian, were married in 2002 and divorced in 2009 after a 7-year marriage. The Wife sought ancillary relief, including periodical payments, a lump sum, and property division. The Husband, a general physician, owned substantial assets, including a medical practice and inherited property. The Court had to determine the division of matrimonial and non-matrimonial assets and whether the Wife was entitled to a lump sum of $2 million or a lower amount.

2010

The Supreme Court of Bermuda

Civil

Dennika Warren v. Tinee Harvey

Plaintiff suffered a degloving injury to the left foot in a motorcycle accident; liability admitted; disputes over future loss of earnings mitigation of loss past loss of earnings and appropriate award for pain and suffering

2015

Supreme Court of Bermuda

Contract

Anthony Charles Burgess v. Veronica Vicky McNeil

Dispute over a contract for the sale of a boat belonging to the Defendant's deceased father's estate with questions regarding binding nature of the contract and administrative powers

2018

The Supreme Court of Bermuda

Criminal

Phillion Webb v. Fiona Miller (Police Sergeant)

On 2 May 2019 Phillion Webb was convicted for dangerously driving a grey Rover overtaking two vehicles at high speed and colliding with two other vehicles driven by Annette Cowen-Godfrey and George Simmons on South Road Paget

2021

PROPERTY OFFENCES

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PROPERTY OFFENCES

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VIOLENT OFFENCES

  • Assault (Common Assault, ABH, GBH)

  • Wounding

  • Robbery

  • Kidnapping / Unlawful Confinement

  • Manslaughter

  • Murder

  • Attempted Murder

  • Threats to Kill

  • Harassment

  • Stalking

  • Criminal Intimidation

PUBLIC ORDER & ADMINISTRATION OF JUSTICE

  • Affray

  • Violent Disorder

  • Public Nuisance

  • Perverting the Course of Justice

  • Perjury

  • Escape from Lawful Custody

  • Misconduct in Public Office

PROPERTY OFFENCES

SEXUAL OFFENCES

  • Rape

  • Sexual Assault

  • Unlawful Carnal Knowledge

  • Incest

  • Indecent Assault

  • Possession of Indecent Images of Children

  • Grooming

  • Voyeurism

  • Sexual Exploitation of a Child

PROPERTY OFFENCES

DRUG OFFENCES

  • Possession of Controlled Drugs

  • Possession with Intent to Supply

  • Trafficking in Controlled Drugs

  • Importation of Controlled Drugs

  • Cultivation of Cannabis

PROPERTY OFFENCES

VEHICLE & TRAFFIC OFFENCES

  • Dangerous Driving

  • Careless Driving

  • Driving Whilst Impaired (DUI / Alcohol or Drugs)

  • Failing to Stop or Report an Accident

  • Driving Whilst Disqualified

  • Driving Without Insurance

  • Speeding

  • Vehicle Violations (General - lights, tyres, etc.)

PROPERTY OFFENCES

MISCELLANEOUS OFFENCES

  • Trespassing

  • Carrying an Offensive Weapon

  • Possession of Bladed/Pointed Article

  • Domestic Violence

  • Breach of Protection Order

  • COVID Regulation Breach (during the Emergency Powers period)

  • Money Laundering

  • Child Abuse

  • Animal Cruelty

PROPERTY OFFENCES

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  • 145
    Page 104

EPHESIANS 6:16

Hindsight law can make mistakes. Consider checking original case studies

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