Devon Hewey v The Queen (Bermuda)

Devon Hewey v The Queen (Bermuda)

The trial judge's directions to the jury on the significance of one-component and two-component GSR particles were inaccurate, unbalanced, and overstated their probative value, contrary to the expert evidence. This misdirection was substantial and likely to have influenced the jury, resulting in a real possibility of a miscarriage of justice. The conviction and sentence must be set aside and the matter remitted to the Court of Appeal to determine whether a retrial should be ordered.

Parties
Appellant: Devon Hewey; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
11 April 2022
Procedural Posture
Criminal Appeal / Appeal From Court of Appeal of Bermuda to Judicial Committee of the Privy Council
Outcome
conviction and sentence set aside; matter remitted to Court of Appeal for consideration of retrial
Legal Topics
Admissibility of Expert Evidence, Gunshot Residue (gsr), Misdirection of Jury, Burden of Proof, Retrial
Criminal Law Evidence Admissibility of Expert Evidence Gunshot Residue (gsr) Misdirection of Jury Burden of Proof Retrial

Case Brief

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Parties

Devon Hewey

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Court of Appeal of Bermuda to Judicial Committee of the Privy Council

Legal Issues

  1. 1 Whether the trial judge erred in admitting evidence of one-component and two-component particles as gunshot residue (GSR)
  2. 2 Whether the judge's directions to the jury on GSR evidence were inaccurate, imbalanced, and unfair
  3. 3 Whether the misdirections caused a substantial miscarriage of justice

Ratio Decidendi

The trial judge's directions to the jury on the significance of one-component and two-component GSR particles were inaccurate, unbalanced, and overstated their probative value, contrary to the expert evidence. This misdirection was substantial and likely to have influenced the jury, resulting in a real possibility of a miscarriage of justice. The conviction and sentence must be set aside and the matter remitted to the Court of Appeal to determine whether a retrial should be ordered.

Court Disposition

conviction and sentence set aside; matter remitted to Court of Appeal for consideration of retrial

Orders

  • Conviction and sentence set aside
  • Matter remitted to the Court of Appeal for consideration of retrial and appropriate orders regarding detention or bail