Brangman v R

• Jurisdiction: Bermuda
• Judgment Date: 17 November 2011
• Date: 17 November 2011
• Docket Number: Criminal Appeal 2011 No. 1
• Court: Court of Appeal (Bermuda)

In The Court of Appeal for Bermuda

Before: Zacca, P; Ward, JA; Baker, JA

Criminal Appeal 2011 No. 1

BETWEEN:

QUINCY BRANGMAN

Appellant

and

THE QUEEN

Respondent

Mr F Phipps, QC and Mr C Richardson for the Appellant

Mr R Field, Ms K Kiellor and Ms A Cassidy for the Respondent

The following cases were referred to in the judgment:

R v AndrewsUNK [1987] 1 All ER 513

R v RattenUNK (1972) 56 Cr App R 18

R v TurnbullUNK 63 Cr App R 132

Abstract:

Attempted murder using a firearm - Appeal against conviction - Whether evidence as to membership in gang admissible - Consecutive sentence

JUDGMENT of ZACCA, P

1. The appellant was convicted by a jury for the offences of attempted murder and using a firearm during the commission of an indictable offence. He was sentenced to fifteen years imprisonment for the offence of attempted murder and a consecutive sentence of ten years imprisonment for the firearms offence. Pursuant to section 70 of the Criminal Code he was ordered to serve one half of his total sentence, twelve and a half years, before he could be eligible for parole.

2. On Friday, 12 February 2010, Nathan Darrell along with Leslie Trew and Tyeo Simons had been out together. During the course of the day, Darrell had been smoking cannabis and had also had three beers.

3. About 1:00 a.m. on Saturday, 13th February 2010 Darrell borrowed Leslie Trew's car. He drove to Woody's Bar in Somerset but on seeing certain people there he turned around and drove to his home at 8 Kitchener Close, Boaz Island in Sandys. He parked his car and he noticed a person come up to the car and looked in through the windshield. The person was riding a bike and wearing a full-face visor. Darrell moved his vehicle and parked on a grass verge between two buildings, one being his apartment. He described the motorcycle as a Yamaha Sniper with a clutch gearbox, which he had seen on previous occasions.

4. He noticed someone approaching his vehicle on the driver's side and come up to the window. The person raised his visor and looked at Darrell. It seemed as if the person wanted Darrell to see him. He was shot three times and the shots shattered the glass. He exited the vehicle and ran. He looked back and saw his assailant looking around the ground before he got back on his bike and rode away. He knew the bike and had seen the appellant with it many times. The incident happened at about 2:15 a.m.

5. Darrell was able to identify the person who shot him. He said the person was the appellant. He had known of him for seven years. The appellant was called "Jim" and "Jimbo". He first saw the appellant three years before and would subsequently see him at least twice a week in different locations. He last saw him on the Sunday before the shooting.

6. Darrell stated that he had a clear view of the appellant and that there were a number of lights in the vicinity of his vehicle. After exiting the vehicle he ran to his house. He met there Tyeo Simons at the door, who by then had heard the explosions and had

come out of the house. Darrell said to him "Jim shot me. Take me to the hospital. Don't let me die." They got into the car, drove to Leslie Trew's house and woke him and Trew took control of the car and drove them to the fire brigade station. From there Darrell was taken by ambulance to the King Edward Memorial Hospital. Trew stated that he saw Darrell holding his neck and chest saying "Come on Bill, I have been shot". Trew asked him "Who shot you?" Darrell...