Henry Sean Darren Gay (Appellant) v Director of Public Prosecutions (Respondent) (Bahamas)

Case summary

Case ID

JCPC/2025/0121

Jurisdiction

Bahamas

Parties

Appellant(s)

Henry Sean Darren Gay

Respondent(s)

Director of Public Prosecutions (Bahamas)

Issue

Did the trial judge adequately address certain inconsistencies in the victim’s identification evidence or did they otherwise inappropriately direct the jury rendering the appellant’s conviction unsafe?

Facts

In April 2014, a woman was returning from a bike ride in San Salvador and was approached by a man who then assaulted and raped her. The appellant was arrested within an hour of the rape being reported to the police. The appellant was charged and later convicted of rape. The primary evidence relied upon for the appellant’s conviction was the victim’s identification of him and her testimony. On the day of the incident, the victim described the attacker to the police and a nurse. The following day, the victim identified the appellant as the person who raped her from a photo line gallery. The victim also identified the appellant at the trial as the person who raped her. During the trial, it emerged that the victim’s original description of the attacker identified him as having a gap in his teeth, which the appellant did not have. The victim admitted that this part of her original description was mistaken. The victim maintained that the appellant was the person who raped her. A jury found the appellant guilty of the offence of rape and the appellant was sentenced to 20 years’ imprisonment. The appellant appealed to the Court of Appeal of the Commonwealth of the Bahamas who affirmed his conviction and sentence. The appellant now appeals to the Judicial Committee of the Privy Council.

Date of issue

10 December 2025

Case origin

PTA

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