Colin Simmons (Appellant) v Attorney General of Trinidad and Tobago (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2026/0032

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

Colin Simmons

Respondent(s)

THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

Issue

Was the Appellant entitled to damages for pecuniary loss, given his evidence was unchallenged by the Respondent? When determining the period of unlawful detention for which the Appellant should be compensated, was the Court of Appeal correct to exclude any periods for which such detention would have been lawful had his constitutional rights not been breached? Did the Court of Appeal erroneously apply a fixed rate of compensation when assessing the quantum of damages to be awarded for unlawful detention? Were the vindicatory and constitutional damages awarded to the Appellant inordinately low, given the gravity of the constitutional breach?

Facts

Following a criminal trial in which he lacked legal representation, the Appellant was found guilty of drug offenses and sentenced to five years’ imprisonment. Whist incarcerated, the Appellant made repeated requests to prison officers for assistance in filing a notice of appeal, without success. After completing his sentence, the Appellant applied for an extension of time to appeal and subsequently appealed his conviction and sentence. On 22 January 2016, the Court of Appeal quashed Appellant’s conviction and sentence. The Appellant subsequently filed a claim seeking constitutional relief and compensation, and on 5 March 2021 the trial judge declared that the failure of the prison service to allow Appellant to file his notice of appeal within the statutory time limit breached his rights under sections 4(a) and 4(b) of the Constitution. The court awarded the Appellant damages for the breach of the constitutional right, vindicatory damages and $900,000 in general damages as compensation for the deprivation of liberty suffered throughout his incarceration. The Appellant appealed to the Court of Appeal on the basis that (a) the trial judge erred in refusing to award damages for loss of earnings and (b) the awards for breach of constitutional rights and vindicatory damages were inordinately low. The Respondent cross-appealed, claiming that as the Appellant was initially lawfully imprisoned under a valid warrant of commitment, the judge erred in awarding compensation for the entire period of Appellant’s detention. The Court of Appeal dismissed the Appellant’s appeal and allowed Respondent’s cross-appeal, reducing the award of general damages to $300,000. Relying on its earlier decision in Wayne Alleyne & Others v Attorney General of Trinidad and Tobago, the Court of Appeal held that the period during which the Appellant would, in any event, have remained lawfully detained had his constitutional rights not been infringed – namely the three months it likely would have taken to adjudicate a bail application pending appeal – should be excluded when determining the period of unlawful detention for compensation purposes. The Court further applied Wayne Alleyne in assessing the appropriate quantum of general damages to be approximately $100,000 per year of unlawful incarceration. By an order dated 2 March 2026, the Court of Appeal granted the Appellant final leave to appeal to the Judicial Committee of the Privy Council.

Date of issue

28 April 2026

Case origin

Appeal As of Right

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