Bassett v R
| Jurisdiction | Bermuda |
| Judge | Zacca P,Ward JA,Baker JA |
| Judgment Date | 27 June 2013 |
| Court | Court of Appeal (Bermuda) |
| Date | 27 June 2013 |
| Docket Number | Criminal Appeals 2011 No 14 and 2012 No 3 |
[2013] Bda LR 52
In The Court of Appeal for Bermuda
Zacca P; Ward JA; Baker JA
Criminal Appeals 2011 No 14 and 2012 No 3
Mr S Froomkin QC for the Appellant
Ms S Mulligan for the Respondent
The following cases were referred to in the judgment:
Cox v RBDLR [2012] Bda LR 72
Myers v RBDLR [2012] Bda LR 74
Attempted murder with a firearm — Possession of ammunition — Eligibility for parole — Evidence relating to gangs
JUDGMENT of Zacca P
1. On a first trial on an indictment charging the appellant with attempted murder, using a firearm during the commission of an Indictable Offence, and unlawful possession of ammunition, the Jury convicted the appellant for the offence of unlawful possession of ammunition. The Jury failed to reach a verdict on the other two charges and the appellant was retried on those charges.
2. The appellants' second trial on charges of attempted murder and using a firearm during the commission of an Indictable offence commenced on October 18, 2012 and ended with guilty verdicts on both counts.
3. The Chief Justice imposed a sentence of 15 years for attempted murder, 10 years consecutive for using a firearm during the commission of an indictable offence. He also imposed a concurrent sentence of 12 years for the unlawful possession of ammunition. An Order pursuant to Section 70P(3) of the Civil Code was made requiring that the appellant serve half of his sentence before being eligible for parole.
4. The appellant filed two notices of appeal, firstly against the possession of the ammunition and secondly against the other two charges.
5. The appeals were heard on March 20, 2013 and were dismissed by this court. In respect of the sentence on the ammunition charge, the court varied the period to which the appellant was eligible for parole to one of 10 years. It was agreed by the prosecution that that was the proper Order pursuant to Section 70P(3) of the Code.
6. The prosecution's case was that the victim, Randolph Lightbourne, was shot whilst he was in the parking lot of the Charing Cross Pub in Somerset Village. At least twelve shots were fired and seven of these hit the victim.
7. It was the prosecution's case that it was the appellant who fired the shots. Mr Lightbourne testified that he had known the appellant for three years prior to July 23, 2011, the day he was shot. The appellant was a friend of the victim's son and had been a frequent visitor to Lightbourne's home.
8. The appellant rode up on his motor cycle within 8–10 feet of Lightbourne, who had seen the appellant riding a motor cycle on many occasions and testified that the appellant had a unique way of sitting on his motor cycle.
9. Mr Lightbourne further testified that not only did he recognize the appellant based on the way he was riding the bike, but also he was able to see the shape of the appellant's face, his nose, his mouth and the way he holds his mouth.
10. Mr Lightbourne also testified that the appellant was wearing a helmet with the visor on and that the visor was tinted. However, it was only a half visor that covered the appellant's face down to his nose.
11. Whilst the shooting was in progress he had dropped to the ground and after the shooting stopped he was looking up into the appellant's face and could see his whole face at that time.
12. Evidence was also led that the appellant had tattoos spelling out his name across the corner of his left hand, RICO and Mr Lightbourne testified that he saw those distinctive tattoos that day.
13. A CCTV footage showed the assailant with a gun in his left hand. Mr Lightbourne testified that the appellant had the gun in his left hand. The police officer who processed the appellant upon his arrest testified that the appellant told him that he was left handed.
14. Mr Lightbourne testified that he was blind in his left eye but he was able to see properly out of his right eye. He was licensed to drive a car and a motor cycle. A statement from an Ophthalmologist, Dr. Teye Botchway, was admitted into evidence wherein Mr Lightbourne's sight in his right eye was described as 20/20 or perfect vision.
15. Mr Lightbourne whilst not a member of a gang, explained the history of gangs in Bermuda. He was friendly with members of the rival gangs. He had a nephew, Roger Lightbourne who was a fairly high ranking member in the Parkside gang and friends who were members of the MOB gang.
16. About two weeks prior to Mr Lightbourne being shot, his cousin Jachai Morris, a member of the Ord Road Crew, was shot. He was concerned about him and met up...
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