R v Davis (Sentence)

• Jurisdiction: Bermuda
• Judgment Date: 28 March 2023
• Court: Supreme Court (Bermuda)
• Docket Number: Criminal Jurisdiction 2021 No 35

Between:

The King

Plaintiff

and

Anthony Davis

Defendant

[2023] Bda LR 27

Criminal Jurisdiction 2021 No 35

In The Supreme Court of Bermuda

Murder — Guilty plea — Sentence

The following cases were referred to in the judgment:

R v Norris Simpson (unreported)

R v Jermaine Pearman (unreported)

R v Sullivan [2004] EWCA Crim 1762

R v Thomas [2010] 1 Cr App R (S) 14

R v Bristol [2013] 1 Cr App R (S) 81

Ms C Clarke for the Crown

Ms E Christopher for the Defendant

RULING of Subair Williams J

Introduction

1. The Accused appears before the Court for sentence, having been convicted, upon his guilty plea entered 22 February 2023, to a charge of murder contrary to section 290 of the Criminal Code. No sentencing reports were requested or ordered by the Court.

The Deceased and the Victims

2. The Accused in this case murdered his then girlfriend of some five years, with whom he cohabited for 2–3 years before she was killed by knife. Her name was Morrisa Moniz, daughter of Mr Morris Moniz and Mrs Patty Moniz. It is evident to this Court, not only via the Victim Impact Statements (VIS) read before me, but also by their visible presence throughout these Court proceedings, that their torment is so cutting that no lawful sentence of this Court could ever bring them any real or long-lasting relief.

3. After all, Mr and Mrs Moniz have lost their daughter who they will never have the joy of seeing accomplished, married or with child. This pain is not only theirs alone to bear but also that of Brittney who has lost her sister, a pain that is frankly indescribable and beyond the comprehension of the average person.

4. Mr and Mrs Moniz and Brittney are not the only victims here. There is a living grandmother of the Deceased who, at the elderly age of 84 year, suffers from anxiety spells and hysterical grieving. Hopelessly, I have tried to gain some understanding of what it must be like for an elderly person to reach the top level where life's golden years lie, only to look all around you and see all of your loved ones suffering. In addition to other close family and friends, another victim is Ms Regina Smith, Morissa's paternal aunt who shared her family's daily agony of wondering to what extent Morissa suffered under the murderous rage of the Accused, Anthony Davis.

5. To witness and to hear the members of the Morissa's family weep, wail, bawl and howl in and around the precincts of this Court has undoubtedly been a gut-wrenching experience for not only them but also for those who have had to witness it and remain professionally composed.

6. I will also note that there are likely several dozens of others in the community who either knew Morrisa or knows a close member of her family and have also encountered a profound sadness, one which may never be publicly announced. This may include a church community, school alumni, a grieving workplace and others pockets of the Bermuda community. I also imagine the suffering of the young man who had hopes of Morissa leaving the Accused in order for her to become his girlfriend.

7. It must also be said, as was pointed during the reading of the VIS, that the Accused's own family members are also victim to this heinous crime for the shame...