Smith v R 1995 Criminal Appeal No. 16

• Jurisdiction: Bermuda
• Judgment Date: 17 April 1996
• Date: 17 April 1996
• Docket Number: Criminal Appeal No. 16 of 1995
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

Astwood, P.

Da Costa, J.A.

Kempster, J.A.

Criminal Appeal No. 16 of 1995

Robert Reginald Smith

Appellant

and

The Queen

Respondent

Mr. M. Telemaque for the Appellant

Mr. B. Meade Q.C., Solicitor General for the Respondent

Sheehan & MooreUNK (1975) 60 Cr App R 308

Cann 1994 Criminal Appeal No. 12

Using inflammable liquid with intent to cause personal injury — Defence of intoxication — Appeal against conviction — Directions on criminal intent — Directions on intoxication

JUDGMENT OF THE COURT

Astwood. P.

On July 11, 1995, the Appellant was convicted by Meerabux, J. following the majority verdict of a jury for the offence of using ‘an article or thing containing an inflammable liquid, namely gasolene,’ with intent to cause Benjamin Smith personal injury or fear of personal injury, contrary to section 229 of the Criminal Code Act 1907.

The appeal against that conviction was based on two grounds which complain that the trial Judge erred in his instructions to the Jury with respect to the issue of criminal intent as it related to the charge where the defence was one of intoxication.

The facts of the case were that the Appellant and the Complainant, Benjamin Smith, had an altercation in the Sparrow's Nest Bar on Reid Street in Hamilton in the early hours of the morning of June 25, 1994, where the Appellant was a patron. At the time he appeared to be intoxicated and behaved in an offensive manner to the Complainant and to other patrons in the bar. The Complainant, who testified that he was ‘Head of Security’ in the bar, requested that the Appellant conduct himself in an orderly fashion since he was in a public bar. There was some pushing and holding between these two men after the Complainant spoke to the Appellant about his conduct.

At the request of the Complainant, the Appellant left the bar and the premises. About 5 to 10 minutes later the Appellant returned to the bar with a container in which there was gasolene and attempted to throw the gasolene at the Complainant. The Complainant restrained him, and some of the gasolene got onto the Complainant's shirt and arms. At this time, the Appellant tried to light a match which frightened the Complainant.

The appellant did not testify at his trial but the statements which he gave to the police on June 25, 1994 were put in evidence. In them he said that he remembered being at the Sparrow's Nest and being approached by a guy who...