Re C (Variation of Access Order)

• Jurisdiction: Bermuda
• Court: Court of Appeal (Bermuda)
• Judge: Baker,Kay, JA,Bernard, JA
• Judgment Date: 23 June 2015
• Neutral Citation: [2015] CA Bda 20 Crim
• Docket Number: Appellate Jurisdiction 2015 No 1,CRIMINAL APPEAL No 13 of 2013
• Date: 23 June 2015

[2015] CA (Bda) 20 Crim

The Court of Appeal for Bermuda

Before:

Baker, President

Kay, JA

Bernard, JA

CRIMINAL APPEAL No 13 of 2013

Between:

Norris Simpson

Appellant

and

The Queen

Respondent

Appearances:

Mr. Kamal Worrell, Lion's Chambers, for the Appellant

Ms. Cindy Clarke, Department of Public Prosecutions, for the Respondent

REASONS

1 On 9 June 2015 we granted the appellant an extension of time and leave to appeal against sentence. We then allowed his appeal. These are our reasons. Following a trial between 15 January and 1 February 2013 he was convicted of the brutal murder of Ida James, a 66 year old retired social worker. On 3 April 2013 he was sentenced to life imprisonment with a direction that he serve 23 years before consideration for parole. Time spent in custody was to be taken into account.

2 Ms. Clarke for the Crown conceded before us that the direction to serve at least 23 years was unlawful in the light of the Privy Council's construction of section of 288(1) of the Criminal Code Act 1907 in the case of Selassie and Pearman v The Queen [2013] UKPC 29. This decision was given on 8...