Giles (Police Officer) v Simmons 1994 Criminal Appeal No. 14

• Jurisdiction: Bermuda
• Judgment Date: 13 March 1995
• Date: 13 March 1995
• Docket Number: Criminal Appeal No. 14 of 1994
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

Astwood, P.

da Costa, J.A.

Huggins, J.A.

Criminal Appeal No. 14 of 1994

Peter Giles

Appellant

and

Jermaine Orine Simmons

Respondent

Mr. K. Tokunbo for the Appellant

Mr. A. Warner for the Respondent

R v Bell 1989 Criminal Appeal No. 8

R v BillamUNK [1986] 1 All ER 985

Rape — Appeal against sentence of 5 years imprisonment — Guilty plea — Whether sentence manifestly inadequate

JUDGMENT

Astwood, P.

This is an appeal by an informant against a sentence of 5 years imprisonment imposed on the Respondent for the offence of rape, after a plea of guilty.

The Facts of the Case

The Complainant in the case was a fourteen year old girl student, who had left a Reggae Session at the Prison Officers Club in Sandys Parish at an early hour of the morning of the 9th May, 1994, accompanied by her sister. They travelled together on a motor cycle. At a point along the highway, when heading to her home, the Complainant and her sister got into a heated argument and parted company at about 2.00 a.m.

The Respondent rode up and offered the Complainant a lift on his motor cycle. She accepted although she did not know the Respondent before this. The Respondent deviated from the Main Road leading out of Sandys and towards where the Complainant expected to go, towards Barnes Corner in Southampton and turned off on to a ‘railway track’. The Complainant questioned the Respondent about the course he was taking, away from the Main Road. In response, the Respondent used profanity to tell her not to worry about the route he was taking as he knew the way.

The Respondent after reaching the railway track asked the Complainant for sex in exchange for giving her a ride home. She refused his request. He then stopped the cycle near a bench and pushed the Complainant off. He forced himself on top of her on the bench and pinned her down. She struggled, pleaded with him and cried, eventually breaking free. Two male persons approached and stopped by the Complainant and she asked these men to help her because of what the Respondent had done and was still doing to her. The Respondent told these two men not to believe her as she was lying. These two men instead of helping her told her to walk down to the main road near the Lantana Club and proceeded to ride off leaving the Complainant at the mercy of the Respondent.

The Complainant ran off towards Lantana, but was pursued and caught by the Respondent, who proceeded to punch...