Wrongly Convicted Database Record
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Charge: |
Driving Recklessly or Dangerously |
Sentence: |
"$1,000 fine & 12 demerit points" |
Years Imprisoned: |
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Year Crime: |
2015 |
Year Convicted: |
2015 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
Bermuda |
County or Region of Crime: |
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City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Jahquille Stowe was wrongly convicted on December 7, 2015 of the offence of driving without due care and attention in Burmuda. Stowe's prosecution resulted from his collision with a van at an intersection. Stowe's defense, supported by a witness in a vehicle behind him, was that Stowe was driving in an appropriate manner when the van suddenly appeared in the road, and the collision occurred. Stowe's defense as to the events was also supported by a police officer's testimony that the van's driver admitted moving the van after the collison and before the police arrived. In finding Stowe guilty, Magistrate Khamisi Tokunbo found that his witnesses didn't assist his defense and ruled that "There is no evidence of vehicle stopping abruptly," and, "The Defendant maintains that the Complainant was careless. But there is no evidence to support that. Tokunbo fined $1,000 and awarded 12 driving demerit points. Stowe appealed, arguing that in finding him guilty, Magistrate Tokumbo misapprehended the factual evidence of his witnesses. On April 21, 2016 the Bermuda Supreme Court reversed Stowe's conviction, in ruling: "the mistaken finding that there was no evidence capable of supporting the Appellants defence not only suggests that the Learned Magistrate failed to record sufficient findings as to why he rejected the Defence case. It also raises doubts as to whether or not he fully appreciated the main thrust Appellants case and fairly assessed it, ... It is impossible for this Court to properly be satisfied that no substantial miscarriage of justice occurred in circumstances where the basis on which the Defence case was rejected by the trial judge is neither self-evident nor sufficiently explained. ... For these reasons the appeal against conviction is allowed and the conviction and sentence imposed in the Magistrates Court are set aside."" |
Conviction Caused By: |
Trial judge failed to properly apprehend the factual evidence supporting Stowe's defense. |
Innocence Proved By: |
"On April 21, 2016 the Bermuda Supreme Court reversed Stowe's conviction, in ruling: "the mistaken finding that there was no evidence capable of supporting the Appellants defence not only suggests that the Learned Magistrate failed to record sufficient findings as to why he rejected the Defence case. It also raises doubts as to whether or not he fully appreciated the main thrust Appellants case and fairly assessed it, ... It is impossible for this Court to properly be satisfied that no substantial miscarriage of justice occurred in circumstances where the basis on which the Defence case was rejected by the trial judge is neither self-evident nor sufficiently explained. ... For these reasons the appeal against conviction is allowed and the conviction and sentence imposed in the Magistrates Court are set aside."" |
Defendant Aided By: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Sex: |
Male |
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Information Source 1: |
"Students get guilty verdict dismissed, The Royal Gazette (Hamilton, Bermuda), April 21, 2016" |
Information Location 1: |
http://mobile.royalgazette.com/news/article/20160421/students-get-guilty-verdict-dismissed&template=mobileart |
Information Source 2: |
J Stowe v Queen [2016] SC (Bda) 40 App (11 April 2016) (Reversing conviction) |
Information Location 2: |
https://www.gov.bm/sites/default/files/Judgment-Stowe-v-R.pdf |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org