Roberts, Brangman, Smith-Williams v R

• Jurisdiction: Bermuda
• Court: Court of Appeal (Bermuda)
• Judge: Kay P,Bell JA,Gloster JA
• Judgment Date: 20 November 2020
• Docket Number: Criminal Appeal 2020 Nos 4, 8 and 9

Between:

Leveck Roberts

Quincy Brangman

Khyri Smith-Williams

Appellants

and

The Queen

Respondent

[2020] Bda LR 71

Before:

Kay P; Bell JA; Gloster JA

Criminal Appeal 2020 Nos 4, 8 and 9

In The Court of Appeal for Bermuda

Applications to reopen previously determined appeals against conviction — Recent legal developments — Jury selection

The following case was referred to in the judgment:

Trott v Director of Public Prosecutions [2020] Bda LR 47

Ms V Greening for Roberts

Mr J Lynch QC and Ms S Tucker for Brangman

Mr M Pettingill for Smith-Williams

Ms M Sofianos for the Respondent

RULING of Kay P

1. We have three applications to reopen previously determined appeals against conviction. Their common features are that the Applicants were convicted of very serious offences a considerable time ago; they each pursued conventional appeals to this Court but their convictions were upheld; and they are now effectively seeking to reopen their appeals as a result of recent legal developments. The circumstances are therefore highly unusual.

2. This is part of the fallout from the recent case of Jahmico Trott in the Supreme Court, [2020] Bda LR 47 a judicial review case in which the Chief Justice decided that the provisions in section 519 of the Criminal Code, which effectively accorded to the Prosecution more extensive rights of challenge without cause to potential jurors than were accorded to the Defence, were unconstitutional by reason of section 6(1) of the Constitution. It is an equality of arms point.

3. There was no appeal against the Chief Justice's decision. The response was legislative. The Criminal Code Amendment Act (No 2) 2020 almost...