Roger Watson v The King (Bahamas)
[2023] UKPC 32
James Miller v The King (Bahamas)
13 March 2023
[2023] UKPC 10
Privy Council
A man shot a police officer during a bank robbery. The judge didn't explain the meaning of 'intent' properly to the jury, but there was so much evidence against him that the court still said he was guilty and his long sentence was fair.
Key Facts
- •On June 10, 2009, the appellant and his co-defendant were convicted of attempted murder of a police officer following a bank robbery.
- •The appellant, armed with a shotgun, shot a police officer in the head during their getaway.
- •The appellant was also convicted on several charges of armed robbery and firearm possession.
- •The appellant represented himself at trial.
- •The Court of Appeal dismissed most of the appeal, but reduced the life sentence to 40 years.
- •The Privy Council appeal focused on the trial judge's misdirection to the jury on intent in attempted murder.
Legal Principles
In attempted murder, the prosecution must prove the accused intended to kill the victim.
Penal Code (Cap 84) of The Bahamas, sections 83, 289, 290
Section 12 of the Penal Code provides evidential provisions to assist juries in determining intention, but does not shift the burden of proof.
Penal Code (Cap 84) of The Bahamas, section 12
Intention requires a subjective assessment of the defendant's state of mind, not merely an objective assessment of risk.
R v Nedrick [1986] 1 W.L.R. 1025; R v Woollin [1999] 1 A.C. 82; Pinto v R (2011) 2 BHS J. No.77
A simple direction to the jury on intention is preferable to complex explanations.
Crown Court Compendium (England & Wales); Crown Court Bench Book (Northern Ireland); Criminal Bench Book (Jamaica); Jury Manual (Scotland)
Under the Bahamas Court of Appeal Act, section 13(1)(c), an appeal can be dismissed even with a misdirection if no miscarriage of justice occurred.
Bahamas Court of Appeal Act (Cap 52), section 13(1)(c)
The sentence for an attempt may be the same as the substantive offence, depending on the circumstances.
Court of Appeal judgment in Poitier v R and Meadows v R
Outcomes
Appeal against conviction dismissed.
While the trial judge misdirected the jury on the meaning of intention, the overwhelming evidence against the appellant meant no miscarriage of justice occurred.
Appeal against sentence dismissed.
The Court of Appeal’s 40-year sentence, while severe, was not manifestly excessive given the gravity of the attempted murder of a police officer.