Simmons v R

• Jurisdiction: Bermuda
• Judge: Zacca P,Evans JA,Baker JA
• Judgment Date: 04 June 2014
• Court: Court of Appeal (Bermuda)
• Date: 04 June 2014
• Docket Number: Criminal Appeal 2012 No15

[2014] Bda LR 55

In The Court of Appeal for Bermuda

Before:

Zacca P; Evans JA; Baker JA

Criminal Appeal 2012 No15

Between:

Zharrin Frankie Simmons

Appellant

and

The Queen

Respondent

Mr M Daniels for the Appellant

Mr G Byrne for the Respondent

The following case was referred to in the judgment:

R v GalbraithUNK [1981] 2 All ER 1060

Robbery — Appeal against conviction — Directions to jury on identification — No case to answer

JUDGMENT of Zacca P

1. The appellant Zharrin Simmons, along with two male persons, was convicted on two counts of robbery. The first count related to Kenneth Williams and the second to Victoria DeCoute. She was sentenced to five years imprisonment on each count, the sentence to run concurrent.

2. On 27th August 2011, at about 8 p.m. Kenneth Williams along with Victoria DeCoute, left Miss DeCoute mother's house in Pembroke driving in her mother's car. Miss DeCoute was in the passenger seat.

3. The car was driven to Hermitage Road in Devonshire. On arrival there, Mr Williams parked the car in a parking lot outside of SAL. He said it was dark but there were streetlights there. They had gone there to purchase marijuana.

4. Miss DeCoute contacted the person they were going to meet. About five minutes later, Mr Williams testified, that he saw a man come towards the parked car. The man came to the driver's side of the car. The window was down; the door was closed but not locked.

5. Another man came towards the car and the first man opened the driver's door. He had a knife in his right hand and he tried to stab Mr Williams around his head and chest area. Mr Williams tried to grab the knife. The second man was attempting to punch him in his face.

6. The first man told the second man to search Mr Williams' pocket. A Blackberry phone valued at $300 was taken from his pocket by the second man.

7. Mr Williams and Miss DeCoute exited the car and there was a struggle for the knife. He saw a third person, a woman, come towards them from the same direction the others had come from. She had a sword like object and she was trying to hit Mr Williams. He put the first man in the way and he was hit with the sword like object by the woman. The men and the woman ran off towards Boundary Terrace, the direction they had come from.

8. The incident lasted a couple of minutes. He described the woman as being five-seven, yellow skin, braids straight to the back and thick lips.

9. Mr Williams further testified that he...