Case details

The Queen v Vasyli (Appellant) (Bahamas)

Case ID: JCPC 2018/0018

Jurisdiction: The Court of Appeal of the Commonwealth of the Bahamas

Case summary

Issue(s)

Whether the Court of Appeal was wrong to order a retrial of the appellant.

Facts

On 1 October 2015, the appellant was convicted of the murder of her husband. She appealed to the Court of Appeal.

On 25 July 2017, the Court of Appeal quashed the conviction of the appellant and ordered a retrial. Each of the three judges agreed that the conviction should be quashed but gave different reasons. At least two of the judges agreed that the conviction should be quashed because the judge failed to give a ‘Lucas’ direction. The direction would have addressed whether the appellant had lied in interview about the clothes she was wearing on the night and whether the surveillance cameras in her house were working, and what significance that should have for the jury. The same two judges decided that the matter should be remitted for a retrial, while the third judge decided that it should not.

The appellant was granted permission to appeal against the order for a retrial by the Court of Appeal.

Parties

Appellant(s)

Donna Vasyli

Respondent(s)

The Queen

Appeal

Justices

Lord Kerr, Lord Carnwath, Lady Black, Lord Lloyd-Jones, Lord Hamblen

Hearing start date

15 Jan 2020

Hearing finish date

15 Jan 2020

Watch hearing
15 Jan 2020 Morning session Afternoon session