R v Symonds

• Jurisdiction: Bermuda
• Judgment Date: 05 December 2014
• Date: 05 December 2014
• Docket Number: Criminal Jurisdiction 2014 No 34
• Court: Court of Appeal (Bermuda)

[2014] Bda LR 115

In The Supreme Court of Bermuda

Criminal Jurisdiction 2014 No 34

Between:

The Queen

Applicant

and

Steve B Symonds

Defendant

Mr C Mahoney and Ms K Swan for the Crown

Ms E Christopher for the Defendant

The following cases were referred to in the judgment:

R v DonovanELR [1934] 2 KB 498

DPP v SmithELR [1961] AC 290

R v CunninghamELR [1982] AC 566

R v SaundersUNK [1985] Crim LR 230

R v BirminghamUNK [2002] EWCA Crim 2608

R v KaproronovskiUNK [1972] Qd R 465

R v Saylor [1963] QWN 14

R v MarksUNK [1998] Crim LR 676

R v Durrant and GardnerBDLR [2006] Bda LR 85

Motion to quash indictment — Amendment of charges — Definition of grievous bodily harm and actual bodily harm — attack upon member of the Bar — Statutory interpretation

JUDGMENT of Greaves J

Introduction

1. This is a Motion, in which counsel for the defendant seeks an order to quash the indictment, on grounds that: (a) There is insufficient evidence in the depositions to support a charge of grievous bodily harm with intent, contrary to section 305(a) of the Criminal Code Act 1907; (b) There is insufficient evidence in the depositions to support a charge of unlawful deprivation of liberty, contrary to section 321 of the Criminal Code Act 1907. At the end of her arguments counsel orally amended her motion to add, an order to vary, amend or stay the indictment. Counsel's other grounds alleging duplicity were abandoned at the onset.

The Facts

2. The defendant was charged and committed before a magistrate on a charge of assault with intent to do grievous bodily harm, contrary to section 305(a) and unlawful deprivation of liberty, contrary to section 321 of the Criminal Code Act 1907. It is accepted that the former charge is unknown to law.

3. The DPP, on the evidence he considered disclosed in the depositions, indicted the defendant on charges of grievous bodily harm with intent to do grievous bodily harm and unlawful deprivation of liberty, contrary to the same sections.

4. The evidence in the depositions is that the defendant was the respondent in certain divorce proceedings and the complainant was the attorney for petitioner. The defendant failed to comply with an ancillary order and upon further application by the complainant on behalf of the petitioner, the judge, in chambers, granted an order that the respondent pay to the petitioner, a sum of $60,000 within a number of days or the judgment was to be satisfied against a house owned by the respondent in an overseas jurisdiction. Apparently a further order was also sought or made for the defendant to pay costs of $35,000.

5. Upon demitting the judge's chambers, the defendant, upset by the result of the proceedings, attacked the complainant. He grabbed her by the neck, choked her, threw her to the ground, straddled her, hit her head against the ground and with his fist, delivered several blows to her, including to her face, until he was pulled off her by several witnesses. She was shortly thereafter taken to the hospital by ambulance where she was attended by a physician.

6. The complainant, in a statement, bearing a certificate in accordance with the Indictable Offences Act, made the same day, said she was diagnosed with multiple facial contusions, left side peri-orbital hematoma, soft tissue injury to her left upper chest, sprained left wrist and massive headache.

7. In a further statement some days later, not bearing the certificate, she added that she continued to suffer pain and suffering, her left eye had been completely closed for a number of days and was now opening again and was very painful, the side of her face was bruised, swollen and very painful, her jaw was so painful, it required her to eat soft food for days, her neck and throat were so inflamed and sore it made it painful to swallow, her lower chest was very painful, deeply bruised, left wrist very sore, due to his twisting and bending of them when he attempted to break her arm, her right shoulder was bruised and banged, the most painful was her head and headaches which remained a constant feature, for which she took codeine and Advil. These all day headaches were emanating from her neck and shoulders up through...