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Criminal Cases

The Court of Appeal for Bermuda

Employment

The Commissioner of Police et al v. Romeo Allen and Others

Five police officers from the Commonwealth Caribbean hired by the Bermuda Police were initially on three-year contracts offered five-year extensions and later were led to expect permanent and pensionable employment after ten years of service. The Commissioner's decision not to renew their contracts or grant permanent status was challenged.

2011

The Supreme Court of Bermuda

Criminal

Terry Lane Jasper v The Queen

Terry Lane Jasper, an American tourist, was convicted in the Magistrates? Court for possession of a prohibited weapon (a Colt .38 revolver) while departing Bermuda. His luggage was scanned at LF Wade International Airport, revealing a loaded firearm. He pleaded guilty and was sentenced to 10 days? imprisonment. On appeal, Jasper argued the sentence was excessive, citing Dubell v Barry Richards (2009), where a woman carrying an empty magazine received a conditional discharge.

2016

Supreme Court of Bermuda

Civil

Judith Ethel Ann Simmons (as Executor of The Estate of Gladstone W.C. Trott) v. (1) David Garth McCann (2) Carlos Bosch

The case concerns a dispute over a promissory note and the attempt by the 2nd defendant Carlos Bosch to set aside a Judgment in Default. The note signed by both defendants promised to pay $500000 plus interest. Bosch argued he signed as an agent for a company not personally and contested the judgment's validity on grounds including lack of proper service and lack of consideration

2014

The Supreme Court of Bermuda

Commercial

Acorn Services Ltd v. Kenneth F. Dill

Acorn Services Ltd. claimed rental arrears and collection fees from Kenneth F. Dill. The Magistrates? Court awarded judgment in favor of the Plaintiff but did not fully grant the collection costs as claimed. The Appellant contested the partial denial of collection costs arguing it was entitled to a 33% collection fee as per common market practice not explicitly mentioned in the Lease but not disputed at trial. The Supreme Court found the collection fees were a contractual entitlement and awarded the Appellant the additional sum claimed for the collection charge.

2013

Hon. Assistant Justice Duncan

Civil

In the Matter of Full Apex (Holdings) Limited.

Relevant to winding-up petition abuse and cost agreements. Petitioner sought costs against the Company for winding-up petition presented on 8 February 2018. Issue over entitlement to costs beyond contractual agreement with Chairman to pay.

2019

Court of Appeal (Criminal Division) on appeal from Supreme Court of Bermuda

Criminal

The Queen v Kyle Wheatley

Kyle Wheatley a police constable conspired to suppress traffic tickets for cash affecting at least 61 cases over 2 years leading to a loss of about $29675 to the government

2020

Supreme Court of Bermuda Appellate Jurisdiction

Criminal

Vincent Hewey v. Lyndon Raynor (Police Sergeant)

Hewey charged with importing 4.7 pounds of cannabis abandoned drugs at airport first court appearance in 2012 sentenced to 18 months

2012

Supreme Court of Bermuda

Divorce

T.A. vs. D.A.

Dispute over shared care control access rights and participation in children's activities

2019

Supreme Court of Bermuda

Insurance

In the matter of Electric Mutual Liability Insurance Company Ltd.

EMLICO initially a Massachusetts-based insurer for GE re-registered in Bermuda and declared insolvency leading to a dispute over insurance claims and reinsurance involving environmental cleanup liabilities

2007

Supreme Court of Bermuda

Civil

IN THE MATTER OF CELESTIAL NUTRIFOODS LIMITED (IN LIQUIDATION)

Singapore liquidation recognized in Bermuda dispute over indemnity clause attempt to lift stay for Bermuda litigation rejected

2017

Supreme Court of Bermuda

Commercial

Derek Koole vs. HG (Bermuda) Ltd

Dispute over contractual entitlement to exercise a company warrant for unpaid share redemption involving a non-compete clause in company bye-laws

2019

The Court of Appeal for Bermuda

Criminal

Derek Roy Spalding v The Queen

Spalding convicted for murder based on confessions to father and another witness evidence of song lyrics and circumstantial evidence

2013

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 109

EPHESIANS 6:16

Hindsight law can make mistakes. Consider checking original case studies

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