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Criminal Cases

Supreme Court of Bermuda

Criminal

R v Anthony Davis

Anthony Davis murdered his girlfriend Morrisa Moniz in a domestic violence case. He pleaded guilty to murder.

2023

Supreme Court of Bermuda

Commercial

Moyes & Co (UK) Limited v Northern Gulf Petroleum Holdings Limited

Moyes & Co (UK) Limited, an oil and gas consultancy, sued Northern Gulf Petroleum Holdings Limited for breach of contract. Moyes had entered into an agreement with Northern Gulf to find buyers for its oil assets in Thailand, originally on a retainer and success-fee basis. The transaction was later restructured, but Northern Gulf failed to pay the agreed success fee of $1.7 million upon completion of the sale. Moyes sought damages, debt recovery, and restitution for services rendered. Northern Gulf applied to strike out the claim, arguing that Moyes had no enforceable contract with it.

2012

The Supreme Court of Bermuda

Commercial

PAUL RODRIGUES (TRADING AS RODRIGUES POOLS) v. CLEARWATER DEVELOPMENT LIMITED

Minority shareholder in construction contract dispute over payments and shareholder rights involving claims for damages and company actions perceived as oppressive or prejudicial. Disputes over liability and quantum of damages for construction work and minority shareholder's pursuit of fair market value for shares under oppression remedy provisions. Court managed complex case involving applications for split trials specific discovery and the determination of preliminary issues ruling on applications aligned with promoting just efficient and cost-effective resolution

2019

The Supreme Court of Bermuda

Commercial

In the matter of Jardine Strategic Holdings Limited

Shareholders sought appraisal of shares following amalgamation agreement under Companies Act 1981 contending not offered fair value. Company proposed strike out claims from shareholders who acquired shares post-announcement

2022

Supreme Court of Bermuda

Criminal

Lamont Marshall v Fiona Miller (Police Sergeant)

Lamont Marshall appealed his sentence for driving while impaired and driving while disqualified. After pleading guilty, he was placed into the DUI Court program but later withdrew after breaching its conditions. The Magistrate sentenced him to six months' imprisonment, a five-year driving disqualification, and a $5,000 fine. Marshall argued that the sentence was excessive, contrary to law, and that the Magistrate misled him into believing he would only receive a fine. The appeal focused on whether the sentence complied with statutory limits and whether the Magistrate?s indication on sentencing was binding.

2022

The Supreme Court of Bermuda

Civil

IN THE MATTER OF THE LIQUIDATION OF FOUNDING PARTNERS GLOBAL FUND LTD

The case involved the liquidation of Founding Partners Global Fund Ltd., following an originating summons issued by the Cayman Islands' Grand Court. The Cayman Court appointed Joint Official Liquidators (JOLs) and requested recognition of their authority in Bermuda. A US Receiver had also been appointed, creating a dispute over which entity had primary control over the fund?s Bermuda assets. The case centered on whether Bermuda should recognize the Cayman-appointed JOLs or defer to the US Receiver.

2011

The Court of Appeal for Bermuda

Criminal

Ki-Roy Kinta Butterfield Jahcai Daniel Morris Tahir Nesta Bascome v The Queen

On 4 April 2004 during a football match at Wellington Oval a group including the appellants attacked another group with weapons. The main target Foster was left semi-conscious and bleeding. The attacks were captured in photographs and a video providing clear evidence. The attackers were recognized by spectators including policemen. The appellants were convicted of attempted murder and other charges related to the possession and use of offensive weapons.

2007

The Supreme Court of Bermuda

Civil

CAT.SA v. PRIOSMA LIMITED

The dispute centers around the enforcement of an arbitration award issued in Paris concerning a brokerage agreement with an arbitration clause between CAT a member of the Covea Group and Priosma a Bermudian reinsurance broker. Priosma challenged the award arguing there was no valid arbitration agreement between the parties. The Supreme Court of Bermuda under Chief Justice Hargun ruled against setting aside the arbitration award's enforcement emphasizing the importance of the New York Convention and the pro-enforcement policy while allowing for a conditional stay of enforcement pending an appeal in France provided Priosma secures a satisfactory security amount

2019

Supreme Court of Bermuda

Civil

Lekan Scott v. The Attorney-General

Scott denied legal aid for a firearm and ammunition trial challenges the decision based on his household income assessment

2016

Supreme Court of Bermuda

Civil

FIRST ATLANTIC COMMERCE LIMITED v. THE BANK OF BERMUDA LIMITED

Dispute over liability for losses in credit card processing under a 1999 E-commerce Agreement bank's obligation to process charge-backs whether bank or plaintiff bears loss estoppel arguments related to refinancing and previous representations possible duress in refinancing agreement

2007

Supreme Court of Bermuda

Employment

Bermuda Bistro at the Beach v. Jeremy Paris & Jennifer Lynch

Unfair and constructive dismissal claims related to terminations in 2019 lack of evidence acceptance affidavit discrepancies

2021

Court of Appeal for Bermuda

Criminal

Herbie Spencer v Criminal Injuries Compensation Board

Herbie Spencer applied for compensation under the Criminal Injuries (Compensation) Act 1973 after being attacked by his stepson, Garth Bell, on 11 August 2014. Spencer suffered severe spinal cord injuries. The Criminal Injuries Compensation Board (CICB) awarded him $39,000, of which $7,117.46 was allocated for pain and suffering, while the rest reimbursed medical expenses. Spencer appealed, arguing that (1) the award was inadequate, (2) a Board member had personal knowledge of his case, and (3) the Board failed to provide sufficient reasons for its decision.

2018

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 124

EPHESIANS 6:16

Hindsight law can make mistakes. Consider checking original case studies

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