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Case Name Date Court Jurisdiction Judge Type
Marshall & Ors v Deputy Governor of Bermuda & Ors
[2010] UKPC 9 		2010-05-24 Court of Appeal Appellate Phillips Judgment
LYNDON RAYNOR (Police Sergeant) v KENNITH CLIFTON BULFORD Cindy Clarke for the Appellant; and Saul Froomkin QC for the Respondent.
[2010] SC (Bda) 17 App (31 March 2010) 		2010-03-31 Supreme Court Appellate Judgment
SC1002-Denis-W-D-White-v-A-Cox-2010-SC-Bda-7-App-4-February-2010.txt
[2010] SC (Bda) 7 App (4 February 2010) 		2010-02-04 Supreme Court Appellate Judgment
Island Engineering Ltd. v Derek Bradshaw
[2009] SC (Bda) 61 App (21 December 2009) 		2009-12-21 Supreme Court Appellate Judgment
Texan Management Ltd & Ors v Pacific Electric Wire & Cable Company (Rev 2)
[2009] UKPC 46 		2009-11-26 Court of Appeal Appellate Collins Judgment
Michael Coles Diel v Lee-Roma Swan
[2009] SC (Bda) 51 App (20 November 2009) 		2009-11-20 Supreme Court Appellate Judgment
Lori Dubell v Barry Richards (Police Sergeant)
[2009] SC (Bda) 52 App (20 November 2009) 		2009-11-20 Supreme Court Appellate Judgment
LYNDON RAYNOR (Police Sergeant) v Edna Matthews
[2009] SC (Bda) 50 App (13 November 2009) 		2009-11-13 Supreme Court Appellate Kawaley Judgment
Deuss v The Attorney General for Bermuda & Anor
[2009] UKPC 38 		2009-11-04 Court of Appeal Appellate Phillips Judgment
ANGELA COX (Police Constable) v Clifton George Powell Ross
[2009] SC (Bda) 43 App (18 September 2009) 		2009-09-18 Supreme Court Appellate safety. Judgment
Re AARON EUGENE FOGGO -And- ANGELA COX (POLICE CONSTABLE) Dates of Hearing: 6 August 2009
[2009] SC (Bda) 40 App (2 September 2009) 		2009-09-02 Supreme Court Appellate Judgment
Calyon v Michailaidis & Ors
[2009] UKPC 34 		2009-07-15 Court of Appeal Appellate Judgment
Angela Cox (Police Constable) v Pascal Honor-Bovia Duckett Reasons For Ruling
[2009] SC (Bda) 32 App (26 June 2009) 		2009-06-26 Supreme Court Appellate Ward Reasons For Ruling
Michael James Mello v EUNICE LAMBERT (Police Constable) REASONS FOR DECISION Dates of Hearing: February 23, May 15, 2009
[2009] SC (Bda) 31 App (12 June 2009) 		2009-06-12 Supreme Court Appellate Reasons For Decision
Keren Lomas v Leo Trott
[2009] SC (Bda) 21 App (8 April 2009) 		2009-04-08 Supreme Court Appellate Judgment
SC0903-J-Simmons--v--R-Lee-2009-SC-Bda-19-App-19-March-2009.txt
[2009] SC (Bda) 19 App 		2009-03-19 Supreme Court Appellate
Carolyn Jean Todd v Wilfred Leroy Furbert Reasons
[2009] SC (Bda) 17App 		2009-02-16 Supreme Court Appellate
SC0901-T-Darrell--v--J-A-Cook-2009-SC-Bda-4-App-22-January-2009.txt
[2009] SC (Bda) 4 App (22 January 2009) 		2009-01-22 Supreme Court Appellate Judgment
Richard Cox v EUNICE LAMBERT (Police Constable) 2008-10-30 Supreme Court Appellate Kawaley Judgment
James Haire v Liquor Licensing Authority
[2008] SC (Bda) 48 App (16 September 2008) 		2008-09-16 Supreme Court Appellate Judgment
ANGELA COX (Police Constable) v ROBERT LLEWELLYN BUTTERFIELD Dates of Hearing: 8th August 2006, 1st February 2007, 11th April 2008, 30th April 2008 and 2nd May 2008.
[2008] SC (Bda) 41 App (1 July 2008) 		2008-07-01 Supreme Court Appellate Judgment
A. W. v Director Of Child & Family Services
[2008] SC (Bda) 39 App (20 June 2008) 		2008-06-20 Supreme Court Appellate Judgment
Thompson Ltd & Anor v. The Bermuda Dental Board
[2008] UKPC 33 		2008-06-09 Court of Appeal Appellate Lords Of The Judicial Judgment
Ahmed Troy Caines v THE PUBLIC SERVICE COMMISSION THE DEPARTMENT OF HUMAN RESOURCES WINIFRED FOSTINE-DESILVA (Collector of Customs) MINISTER OF FINANCE
[2008] SC (Bda) 28 App (14 May 2008) 		2008-05-14 Supreme Court Appellate Judgment
Nirmalan Anandacoomarasamy v Angela Cox (Police Constable)
[2008] SC (Bda) 24 App (10 April 2008) 		2008-04-10 Supreme Court Appellate Judgment
Maxwell Sinclair Roberts v LYNDON RAYNOR Date/s of Hearing: Tuesday 1 April and Thursday 3 April 2008
[2008] SC (Bda) 22 App (3 April 2008) 		2008-04-03 Supreme Court Appellate Judgment
Commissioner of Police .v Bermuda Broadcasting Co. Ltd
[2008] UKPC 5 		2008-01-23 Court of Appeal Appellate Judgment
Neville Woods v Lyndon Raynor
[2007] SC (Bda) 63 App 		2007-12-03 Supreme Court Appellate Judgment
Campbell-Rodriques & Ors v. Attorney General of Jamaica
[2007] UKPC 65 		2007-11-21 Court of Appeal Appellate Judgment
Seymour v. The Queen
[2007] UKPC 59 		2007-11-05 Court of Appeal Appellate Lords Of The Judicial Judgment
Commissioner of Police & Anor v. Bermuda Broadcasting Co Ltd & Ors
[2007] UKPC 46 		2007-06-26 Court of Appeal Appellate Judgment
S v M (Re K-Access) Reasons For Decision
[2007] SC (Bda) 27 App 		2007-04-05 Supreme Court Appellate Kawaley Reasons For Decision
Duane Dennis v ANGELA COX (Police Constable)
[2007] SC (Bda) 9 App 		2007-02-01 Supreme Court Appellate Kawaley Judgment
The State v Boyce
[2006] UKPC 1 		2006-01-11 Court of Appeal Appellate Lords Of The Judicial Judgment
Al Sabah & Anor v. Grupo Torras SA & Anor
[2005] UKPC 1 		2005-01-11 Court of Appeal Appellate Judgment
Associated Electric & Gas Insurance Services Ltd v. European Reinsurance Company of Zurich
[2003] UKPC 11 		2003-01-29 Court of Appeal Appellate Judgment
Matadeen v. Caribbean Insurance Co Ltd
[2002] UKPC 69 		2002-12-19 Court of Appeal Appellate Lords Of The Judicial Judgment
Burgess & Ors v Stevedoring Services Ltd
[2002] UKPC 39 		2002-07-15 Court of Appeal Appellate Judgment
Reda & Anor v Flag Ltd
[2002] UKPC 38 		2002-07-11 Court of Appeal Appellate Lords Of The Judicial Judgment
Furbert and Sheldon Eugenio Franks v. The Queen
[2000] UKPC 12 		Court of Appeal Appellate Judgment
Smith v. The Queen
[2000] UKPC 6 		Court of Appeal Appellate Judgment
Higgs and David Mitchell v. The Minister of National Security and Others
[1999] UKPC 55 		Privy Council Appellate Judgment
Grape Bay Limited v. Attorney General Bermuda
[1999] UKPC 43 		Court of Appeal Appellate Judgment
Fisher v. The Minister of Public Safety and Immigration and Others
[1998] UKPC 40 		Court of Appeal Appellate Lloyd of Berwick] Judgment
Kemper Reinsurance Company v. The Minister of Finance and Others
[1998] UKPC 22 		Court of Appeal Appellate Judgment
Cussons (New Zealand) Pty. Limited v. Unilever PLC and Others
[1997] UKPC 56 		Court of Appeal Appellate Judgment
Kempe Jr and Others v. Ambassador Insurance Company
[1997] UKPC 55 		Court of Appeal Appellate Judgment
Bermuda Cablevision Limited and Others v. Colica Trust Company Limited
[1997] UKPC 44 		Court of Appeal Appellate Judgment
Barber v. The Minister of the Environment and Others
[1997] UKPC 25 		Court of Appeal Appellate Judgment
Ernest Charles Mcqueen v LYNDON RAYNOR (Police Constable) Juris Law Chambers, for the Appellant Director of Public Prosecutions, for the Respondent J U D G M E N T 1. The Appellant was charged and convicted of two (2) Counts of Unlawful Carnal Knowledge (UCK) of TS, a girl between the age of fourteen (14) and sixteen (16) years of age. 2. This Appeal is against the conviction. The grounds of Appeal are that:- (i.) The Learned Magistrate erred in law and in fact, when he ruled that admissions alleged to have been made by the Appellant whilst in police custody at the Bermuda International Airport were admissible in evidence. (ii.) The conviction should be set aside on the ground that, upon weighing up all the admissible evidence, it ought not to be supported. (iii.) The Appellate reserves the right to amend and perfect his grounds of appeal upon receipt of the record. 3. The case for the crown was that Ernest Charles McQueen had penetrating sexual intercourse twice with TS who was between the age of fourteen (14) and sixteen (16) years. The first occasion was on 8th May, 2004 when he saw her on Court Street and she went with him in his car to his apartment where they had penetrating vaginal sexual intercourse. The Appellant asked her not to tell her mother with whom he had an ongoing intimate relationship of a sexual nature. The second occasion was on 22nd May, 2004 when TS went to the Appellant's apartment to collect money which the Appellant had agreed to give her to buy an outfit for the upcoming 24th May – Bermuda Day. Following a complaint to the police a look out was posted for the Appellant and at about 2:40 p.m. on June 22, 2004, a police officer saw him standing at a counter at the airport. The officer identified herself and escorted him to the airport police station. The officer said in evidence – although it is disputed that she cautioned him – that at 3:40 p.m. she cautioned and arrested the Appellant. He made no reply. He was documented, searched and arrested on suspicion of sexual assault. 4. In the course of examination in chief, the officer said that she had no personal knowledge of the allegation. She only knew of the requirement to look-out for the Appellant and that was the basis for her arrest. 5. It is relevant at this stage to refer to Counsel for the Appellant's attack on this issue. Mr. Attridge submitted inter alia that the officer did not believe on reasonable grounds that the offence of sexual assault had been committed. He maintained that, the arresting officer had no personal information and whilst the Appellant was arrested "ostensibly for an arrestable offence", the reality is that he was apprehended and detained in custody in respect of an allegation of Unlawful Carnal Knowledge (a misdemeanour) which is not an arrestable offence. Therefore, his arrest and detention at the airport police station and thereafter was unlawful. This unlawful detention operated unfairly against the Appellant. 6. The view of this Court is that the arrest was not unlawful. Section 454 of the Criminal Code authorises a police officer "who believes on reasonable grounds that an offence has been committed, and that any person has committed it, to arrest that person without a warrant whether the offence has been actually committed or not, and whether the person arrested committed the offence or not;" In the view of the Court the words "who believes on reasonable grounds that an offence has been committed" must be given a wider meaning than contended by Mr. Attridge namely that the officer had to have "personal knowledge" that the offence was committed. When a look-out is posted for a person and that person is sighted it would be unreasonable to expect an officer to go behind the posting and endeavour to make a personal verification of the details of the posting. In this instance the accused was seen by the police officer at a secondary counter at the airport. She had information that the Appellant had committed a sexual assault and given these factors Section 454 supra authorized his arrest. For this reason the decision of this Court is that this ground of appeal fails. 7. To continue with the narrative, at about 4:40 p.m. on June 22, 2005 three (3) police officers attended at the police station at the Airport. The officers said in evidence that they were aware that the Defendant was in custody and they needed to speak to him regarding an allegation of UCK of TS. The notes of the Learned Magistrate show that in evidence the officers stated that one of them cautioned the Appellant. Thereafter, the Appellant was asked if he knew why he was being arrested and he replied "Yes, for having sex with a minor." The record reads that 'DC Franklyn Foggo said "Will that person be T and if the child T's carrying is his". He replied "no, he will have to do a test on that". DC Foggo asked "why don't you think it's yours". The Defendant replied "cause she's easy". Foggo asked "did he have sex with her". Defendant said "yes". Foggo asked "how many times" and the Defendant remained silent he did not reply at all. Defendant was conveyed to Hamilton Police Station'. 8. The case for the Appellant is that he denies that he made any such admission to the police officers, that he was cautioned by them and that he had had intercourse with TS. 9. Mr. Attridge submitted inter alia that because the arrest at about 4:40 p.m. on June 22, 2005 for UCK of TS was unlawful the evidence of the conversation between the Appellant and the police ought to have been excluded. Mr. Attridge further submitted that the Learned Magistrate erred in principle when he held that: (i.) the fact that the officer 'had the specific offence being investigated wrong does not render the arrest unlawful".
[2007] SC (Bda) 54 App 		Supreme Court Appellate