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Case details

Devon Hewey (Appellant) v The Queen (Respondent) (Bermuda)

Case ID: JCPC 2019/0055

Jurisdiction: Court of Appeal for Bermuda

Case summary

Issue

Whether the Court of Appeal for Bermuda erred in upholding the Appellant’s conviction for premeditated murder.

Facts

On 31 March 2011, Mr Randy Robinson was fatally shot in Pembroke, Bermuda while talking to Mr Kevin Busby. Mr Jay Dill and the Appellant were arrested for murder and were later tried in the Supreme Court of Bermuda, before Greaves J and a jury.

At trial, the Appellant did not give evidence or call any witnesses; Mr Dill did both, calling witnesses including an expert in gun-shot residue (‘GSR’). GSR is composed of lead, antimony and barium. Analysis of items belonging to the Appellant, which was admitted in evidence, revealed the presence of particles containing each of these elements, either alone or combined with one of the other elements, but not of any containing all three elements (‘three-component particles’).

The prosecution and defence GSR experts agreed that the one- and two-component particles could have come from a firearm or from innocent sources, and that only three-component particles were characteristic of GSR. Evidence was also admitted showing that Mr Dill and the Appellant were members of a gang engaged in a feud with a gang of which members of Mr Robinson’s family (but not Mr Robinson himself) were members. In addition, Mr Busby was permitted to give a video-recorded statement at trial, without being cross-examined, on the grounds that he was in fear.

On 25 February 2013, the Appellant and Mr Dill were convicted of the premeditated murder of Mr Robinson. The Appellant was sentenced to life imprisonment with a requirement to serve 40 years before eligibility for parole. This period was subsequently reduced on appeal to 25 years.

Parties

Appellant(s)

Devon Hewey

Respondent(s)

The Queen

Appeal

Justices

Lord Briggs, Lord Hamblen, Lord Stephens, Lord Hughes, Lord Lloyd–Jones

Hearing start date

1 February 2022

Hearing finish date

2 February 2022