James Miller v The King (Bahamas)
[2023] UKPC 10
Roger Watson v The King (Bahamas)
5 September 2023
[2023] UKPC 32
Privy Council
Roger was wrongly sentenced to 50 years in prison for manslaughter because the court didn't let him speak before sentencing and didn't give good reasons. The court also didn't count the time he already spent in jail waiting for trial. The sentence is cancelled, and the court will decide on a new one.
Key Facts
- •Roger Watson was convicted of murder in 2006 for the shooting death of a 12-year-old boy.
- •His conviction was overturned on appeal in 2009, and he was convicted of manslaughter and sentenced to 50 years' imprisonment.
- •The appeal to the Privy Council concerned the 50-year sentence.
- •The Court of Appeal failed to allow Watson to address the court on sentencing before imposing the 50-year term.
- •The Court of Appeal did not provide adequate reasons for the sentence length.
- •Watson spent approximately three years in custody on remand before sentencing.
Legal Principles
A criminal court must give a defendant the opportunity to be heard before sentencing.
Moss v Queen [2013] UKPC 32
A sentencing tribunal should give reasons for the sentence imposed.
Sentencing courts must give credit for time spent in custody awaiting trial.
Flowers v The Queen SCCrApp No 278 of 2014; Jones
In The Bahamas, the specific intention required for murder is an intention to kill; recklessness is insufficient.
James Dean v Regina [1989-90] 1 LRB 534
Outcomes
Appeal allowed on grounds 1 and 4.
Serious breach of procedural fairness due to the Court of Appeal's failure to allow Watson to address the court on sentencing and failure to give reasons for the sentence. Failure to account for pre-trial custody.
Sentence of 50 years' imprisonment quashed.
The sentence was imposed without giving Watson the opportunity to address the court and without providing reasons; it also failed to account for his pre-trial detention.
Matter remitted to the Court of Appeal of The Bahamas for resentencing.
The Court of Appeal needs to resentence, allowing Watson to make submissions and provide reasons for the sentence, including credit for pre-trial detention.