Bain (Appellant) v The Queen (Respondent) (Bahamas)
Case ID: JCPC 2017/0088
Jurisdiction: The Court of Appeal of the Commonwealth of the Bahamas
The Appellant appeals both conviction and sentence. In relation to conviction the issues are:
- Did the conduct of the Appellant’s trial breach Article 20 of the Constitution?
- Was the purported confession wrongly allowed into evidence?
- Was the jury’s verdict unreasonable and unsupportable when one considers the evidence?
- If inadequate directions were given, was the Court of Appeal right to apply the proviso?
In relation to sentence, the issues are whether the manner and circumstances in which the sentence was imposed breached Articles 17 and 18 of the Constitution, and whether the 55 year sentence for murder is wrong in principle and/or manifestly excessive.
On 31st December 2009 the Appellant was arrested. On the same day, an alleged confession statement was signed. On 2nd January 2010 he was charged with kidnapping, robbery, housebreaking, and murder. These offences allegedly took place on 20th September 2009. Various pre-trial hearings took place to consider, inter alia, the admission of certain pieces of evidence and other procedural matters. The trial began on 10th April 2013. The jury retired on 2nd May 2013 and returned a guilty verdict on the same day. The sentencing hearing began on 23th July 2013 and the Appellant was sentenced on 30th July 2013. The Appellant was sentenced to 8, 10, and 12 years for the kidnapping, robbery, and housebreaking respectively, as well as life imprisonment for the murder. These sentences were to run concurrently. The Appellant appealed to the Court of Appeal. That appeal was heard over several dates between 12th March and 15th June 2015. On 21st January 2016 the Court of Appeal dismissed the appeal against conviction and substituted the life sentence for 55 years’ imprisonment. The Appellant appeals both conviction and sentence to the Privy Council.
|17 Mar 2020||Morning session|
1 Apr 2020
Neutral citation number
 UKPC 10
Lord Hodge, Lady Black, Lord Lloyd-Jones, Lord Sales, Lord Hamblen
Hearing start date
17 Mar 2020
Hearing finish date
17 Mar 2020