Devon Hewey (Appellant) v The Queen (Respondent) (Bermuda)

Devon Hewey (Appellant) v The Queen (Respondent) (Bermuda)

The judge's directions to the jury on the significance of one-component and two-component particles were erroneous and not supported by expert evidence, reversing the burden of proof and inflating the probative value of neutral evidence; these misdirections likely influenced the jury and caused a substantial miscarriage of justice.

Citation
[2022] UKPC 12
Parties
Appellant: Devon Hewey; Respondent: The Queen
Jurisdiction
United Kingdom
Judgment Date
11 April 2022
Procedural Posture
Criminal Appeal / Appeal to Privy Council
Outcome
Conviction and sentence set aside; matter remitted to Court of Appeal to consider retrial.
Legal Topics
Admissibility of Expert Evidence, Gunshot Residue, Misdirection, Burden of Proof, Retrial
Criminal Law Admissibility of Expert Evidence Gunshot Residue Misdirection Burden of Proof Retrial

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Parties

Devon Hewey

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to Privy Council

Legal Issues

  1. 1 Whether evidence of one-component and two-component particles should have been admitted at trial
  2. 2 Whether the trial judge's directions to the jury on particle evidence were inaccurate, imbalanced, and unfair
  3. 3 Whether misdirections caused a substantial miscarriage of justice

Ratio Decidendi

The judge's directions to the jury on the significance of one-component and two-component particles were erroneous and not supported by expert evidence, reversing the burden of proof and inflating the probative value of neutral evidence; these misdirections likely influenced the jury and caused a substantial miscarriage of justice.

Court Disposition

Conviction and sentence set aside; matter remitted to Court of Appeal to consider retrial.

Orders

  • Appellant's conviction and sentence set aside
  • Matter remitted to Court of Appeal to consider retrial and make orders for detention or release in accordance with section 21(1) Court of Appeal Act 1964