Stubbs v The Queen (Bahamas)

Stubbs v The Queen (Bahamas)

The appeals of Stubbs and Davis against conviction were dismissed because the identification evidence, though challenged, was properly admitted as recognition evidence and the judge’s directions were adequate. The analyst’s report was properly admitted through another expert, and the absence of the original analyst did not render the trial unfair. The hearsay accusations against Davis were irregularly admitted but did not cause a miscarriage of justice given the strength of other evidence. The Court of Appeal correctly quashed Evans’s conviction due to unsafe identification evidence and prejudicial dock identification, and a retrial would be oppressive given the history and delay....

Parties
Appellant: Stubbs; Appellant: Davis; Respondent (to Crown's Appeal): Evans; Respondent (to Stubbs and Davis Appeals) / Appellant (to Evans Appeal): The Queen
Jurisdiction
England and Wales
Judgment Date
02 November 2020
Procedural Posture
Criminal Appeal (consolidated) / Appeal to Privy Council From Court of Appeal of the Bahamas
Outcome
Stubbs and Davis: Appeals against conviction dismissed; permission to appeal against sentence granted and appeals allowed on sentencing. Evans: Crown’s appeal dismissed; no retrial ordered.
Legal Topics
Identification Evidence, Dock Identification, Hearsay, Right to Fair Trial, Admission of Analyst's Report, Fresh Evidence on Appeal, Sentencing, Retrial Discretion
Criminal Law Constitutional Law Evidence Identification Evidence Dock Identification Hearsay Right to Fair Trial Admission of Analyst's Report +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Stubbs

Appellant

Davis

Appellant

Evans

Respondent (to Crown's Appeal)

The Queen

Respondent (to Stubbs and Davis Appeals) / Appellant (to Evans Appeal)

Procedural Posture

Criminal Appeal (consolidated) / Appeal to Privy Council From Court of Appeal of the Bahamas

Legal Issues

  1. 1 Whether dock identification of Stubbs and Evans was properly admitted
  2. 2 Whether Scott’s deposition and transcript were properly admitted
  3. 3 Whether fresh evidence regarding Scott’s employment status should have been admitted

Ratio Decidendi

The appeals of Stubbs and Davis against conviction were dismissed because the identification evidence, though challenged, was properly admitted as recognition evidence and the judge’s directions were adequate. The analyst’s report was properly admitted through another expert, and the absence of the original analyst did not render the trial unfair. The hearsay accusations against Davis were irregularly admitted but did not cause a miscarriage of justice given the strength of other evidence. The Court of Appeal correctly quashed Evans’s conviction due to unsafe identification evidence and prejudicial dock identification, and a retrial would be oppressive given the history and delay....

Court Disposition

Stubbs and Davis: Appeals against conviction dismissed; permission to appeal against sentence granted and appeals allowed on sentencing. Evans: Crown’s appeal dismissed; no retrial ordered.

Orders

  • Stubbs and Davis’s sentences for murder quashed and remitted to Court of Appeal for re-sentencing, with directions to account for time served and constitutional breaches.
  • No retrial for Evans; convictions for murder and attempted murder remain quashed.