R v Hydes (Rueben Hesmer) - Verdict Judgment

¶ ```html 1 IN THE GRAND COURT OF THE CAYMAN ISLANDS 2 CRIMINAL SIDE 3 4 5 6 7 8 9 10 11 12 13 14 15 Appearances： 16 Mr. Scott Wainwright for the Crown 17 18 Mr. Nicholas Dixey of Nelson & Co. for the 19 Defendant 20 Before： 21 Justice Marlene Carter (Actg.) 22 Judge Alone Trial： 23 24th-26th，30th and 31st January 2018. 24 Delivery of Decision： 25 21st March 2018 26 27 28 HEADNOTE 29 Criminal Law-Possession of an Unlicensed Firearm and Ammunition-Trial 30 by Judge Alone-Confession in interview-Denial at trial-Medical expert 31 evidence-DNA evidence. 32 33 34 VERDIC 35 36 Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17；Coram：Carter J. (Actg.) Date：21.03.2018 Page 1 of 42 ```
```markdown # INDICTMENT

¶ [1] The Defendant is charged on an indictment containing two counts as follows: i. Count 1: Possession of an unlicensed firearm, contrary to s.15(1) and 15(5) of the Firearms Law (2008 Revision). The particulars of this Count are that the Defendant, on the 15th day of November 2016, at Andy Drive, Windsor Park, George Town, Grand Cayman, Cayman Islands had in his possession a firearm, namely a High-Point Model JCP Handgun which was not under and in accordance with the terms of a Firearm User's (Restricted) License; and ii. Count 2: Possession of an unlicensed firearm (ammunition) contrary to s.15(1) and s.15(5) of the Firearms Law (2008 Revision.). The particulars of this Count are that the Defendant, on the 15th day of November 2016, at Andy Drive, Windsor Park, George Town, Grand Cayman, Cayman Islands had in his possession ammunition, namely EIGHT (8) rounds of .40 calibre cartridges which were not under and in accordance with a Firearm User's (Restricted) License. These cartridges were found in the handgun described in the first Count on the same date and at the same place.

¶ [2] The Defendant pleaded not guilty and elected trial by Judge Alone pursuant to s.129 of the Criminal Procedure Code (CPC) of the Cayman Islands. ```
THE LAW ON JUDGE ALONE TRIALS

¶ [3] The Cayman Islands Court of Appeal (CICA) has given some guidance on the duties of a Judge in a Judge Alone trial. In *K. Richards v R¹ Rowe JA*, stated:

¶ [4] "When a trial judge sitting alone has advised himself to the applicable principles of law, and given himself any necessary warning, he must indicate clearly in his judgment his reasons for acting as he did in order to demonstrate that he has acted with the requisite degree of caution in mind and has therefore heeded his own warning. No specific form of words is necessary for this demonstration, what is necessary is that the Judge's mind upon the matter should be clearly revealed."

¶ [11] In *Randy Martin v R²*, Mottley JA stated as follows:

¶ [12] "A judge sitting in a criminal case without a jury, in rendering his decision and giving his reasons for so concluding in not required to review every fact and to detail each argument on which the prosecution and defence rely as if he were summing up to a jury. The judge must set out the conclusion reached and make clear the reasons for arriving at that conclusion. He is required to have regard to any difficult or unusual points of law and to show how those points of law has in any way impacted the conclusion that he has reached."

¶ [20] As in all criminal trials the burden is on the Crown to prove beyond a reasonable doubt that the Defendant was in possession of the High-Point Model JCP Handgun and the eight .40 calibre cartridges.

¶ [23] There is no burden on the Defendant to prove that he is innocent. There is no responsibility on the Defendant to do so. There is no onus on the Defendant to prove anything at all. The Defendant has no obligation to prove that he is not guilty, or to expence offered execution. Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 3 of 42

¶ [1] 2001 CILR 496

¶ [2] CICA Crim. Appeal No. 2/2010 (Ind. 27/2009)
```html 1 7. I will not review every single detail of the evidence, but I will address my mind to the 2 important or prominent aspects of the evidence in deciding the critical issues in this 3 case. I will not decide every single point that has been raised - only such matters that 4 will enable me to determine whether the charges on the indictment have been proved. 5 8. I remind myself that I am not to speculate about things or matters that are not covered 6 by the evidence. I must have regard only to the whole of the evidence that has been 7 presented at trial and form my own judgment about that evidence. 8 9. I must consider all of the evidence in this case and if after having done so, I have any 9 reasonable doubt as to whether the Defendant is guilty or not, I must resolve that doubt 10 in favour of the Defendant and find him not guilty of the offences for which he is 11 charged. 12 10. On the other hand, if having considered the evidence I am satisfied so that there is no 13 reasonable doubt in my mind, and I am sure of the guilt of the Defendant, then it will 14 be equally my duty in law to find him guilty as charged of possession of the firearm 15 and ammunition. ``` ```latex \documentclass{article} \usepackage{geometry} \usepackage{graphicx} \usepackage{hyperref} \usepackage{amsmath} \section{Instructions to the Jury} \begin{enumerate} \item[7.] I will not review every single detail of the evidence, but I will address my mind to the important or prominent aspects of the evidence in deciding the critical issues in this case. I will not decide every single point that has been raised - only such matters that will enable me to determine whether the charges on the indictment have been proved. \item[8.] I remind myself that I am not to speculate about things or matters that are not covered by the evidence. I must have regard only to the whole of the evidence that has been presented at trial and form my own judgment about that evidence. \item[9.] I must consider all of the evidence in this case and if after having done so, I have any reasonable doubt as to whether the Defendant is guilty or not, I must resolve that doubt in favour of the Defendant and find him not guilty of the offences for which he is charged. \item[10.] On the other hand, if having considered the evidence I am satisfied so that there is no reasonable doubt in my mind, and I am sure of the guilt of the Defendant, then it will be equally my duty in law to find him guilty as charged of possession of the firearm and ammunition. \end{enumerate} \begin{figure}[h] \centering \includegraphics[width=0.8\textwidth]{cayman_islands_grand_court_seal} \caption{Grand Court of the Cayman Islands Seal} \end{figure} \begin{flushright} \textit{Verdict Judgment. R v. Hydes (Rueben Hesmer)) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018} \end{flushright} \begin{flushright} \textit{Page 4 of 42} \end{flushright} ```
```html 1 THE EVIDENCE FOR THE CROWN 2 11. The parties submitted Admissions relating to items of agreed evidence as follows: 3 i. Reuben Hesmer3 Hydes is not the holder of a firearm user restricted 4 licence in the Cayman Islands. 5 ii. The firearm and ammunition in question were tested and constitute a 6 lethally barreled firearm and ammunition for the purpose of s.15 of the 7 Firearms Law. 8 iii. No issue is taken in relation to the continuity of any exhibits in this case. 9 iv. Leon Hydes has a previous conviction for possession of an unlicensed 10 firearm for which he received a sentence of eight years’ imprisonment. He 11 also has convictions for offences under the misuse of drugs law.4 12 12. It is also accepted that the ammunition in question was in the firearm at the time that it 13 was found. 14 13. The parties agreed that the evidence which was called on the voir dire should be 15 incorporated and form part of the evidence of those witnesses on the main trial. The 16 evidence of the following witnesses will be dealt with in that manner: 17 i. Senior Detective Constable (SDC) Gregory Banks; 18 ective Conste Daniels 19 iii. Dr. Kirchen 18 ii. Detable (DC) I he Clement Vor 18 u is he m; and 3 Also Hezimer 4 Admissions 1-4 Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 5 of 42 ```
```markdown ### iv. Dr. Arline McGill. #### 14. The Crown led the evidence of five witnesses. #### Witness #1: SDC Gregory Banks #### 15. Officer Banks was the senior Detective who led the search of the premises at Andy Drive on the 15th of November 2016. He explained that the search was ordered under the Misuse of Drugs Law. He described the layout of the premises at Andy Drive – that there were three buildings within the compound. He stated that upon arriving at the premises he encountered Jason Hydes who admitted to possessing ganja: Officer Banks said: > "Jason Hydes was around the back of the main house when I first encountered him and he said: 'Mr. Banks I have 30-35 lbs of ganja in the first room where you found me.'" #### 16. Officer Banks said that he found him in the area of Building 2 on the compound. #### 17. Jason Hydes led the officers to various areas within the compound where ganja was found. #### 18. Officer Banks described a search of the room in which a firearm was found. He described that the door to the second bedroom on Building 2 had to be forced open and that a female, Katrina Bodden was found in the room. #### 19. Officer Banks stated that he did not enter the bedroom nor did he enter it. He was only made aware that a firearm was found, and he saw it after the Scenes of Crime Officer (SOCO) had made it safe. At that point, it was on top of the dresser and laid on top of a handkerchief. ``` This is a faithful transcription of the provided text, using Markdown for headings and paragraph structure, HTML for tables (if any were present, but there are none), and LaTeX for math (none present).

¶ [1] Officer Banks stated that 2 passports of Rueben Hydes were found in Bedroom 2 of Building 2. The Defendant Rueben Hydes was not present during the search as he was not at the premises.

¶ [2] Officer Banks stated that the Defendant could not be located and that a "wanted" poster was put out for him.

¶ [3] Rueben Hydes surrendered to custody at the George Town Police Station on the 17th of November 2016. He was taken for interview at 12:55 on that day.

¶ [4] In cross examination, Officer Banks agreed that Jason Hydes also took responsibility for the ganja found in Building 3 on the compound in due course. ``` This is a faithful transcription of the content visible on the page.
```markdown # Witness #2: PC Dwayne Simpson

¶ [24] Officer Dwayne Simpson stated in evidence in chief that he attended at the premises at Andy Drive on the 15th of November 2016 with other officers in order to execute a search.

¶ [25] His evidence was that when he arrived he encountered and spoke to Jason Hydes, the brother of the Defendant. He described going to a building at the rear of the premises which housed two bedrooms a bathroom and a short hallway. He related that Jason Hydes used a knife to pull the door to his bedroom where he pointed out a suitcase which contained a large quantity of ganja. He described other items found in Jason Hydes' bedroom including 2 other suitcases containing ganja.

¶ [26] Officer Simpson stated in evidence that after searching Jason Hydes' bedroom he decided to search the second bedroom in that building. He tried the door to the 2nd bedroom and found it locked. He described that he twisted the handle and braced against the door and the door opened. Inside he saw a shape of someone in the bed and shouted out.

¶ [27] When Officer Simpson entered he realized that a female was the only occupant of the bedroom and he therefore sought the assistance of a female police officer, Officer Lexine Welcome to assist. He left the female, later identified as Katrina Bodden, with the female officer to get dressed.

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¶ [1] 29. Officer Simpson states that they had been in the room for between 2-3 minutes when DC Harrison brought the firearm to his attention. At the time the firearm was just brought to his attention it was inside the drawer and wrapped in a purple handkerchief. Officer Simpson says he first saw it out of the handkerchief when it was placed on top of the chest of drawers.

¶ [2] 30. Officer Simpson described that after the firearm was found the firearms officer, Brian Marshall was called in.

¶ [3] 31. Officer Simpson said that he was present when Officer Marshall made the firearm safe.

¶ [4] 32. Officer Simpson also described that he found 2 passports in the name of Rueben Hydes in that bedroom. As well there was a driver’s licence in that name on top of the dresser. This was the same dresser from which the firearm was recovered.

¶ [5] 33. Under cross examination by defence counsel, Officer Simpson described being led to the building by Jason Hydes.

¶ [6] 34. Officer Simpson stated that when Detective Harrison first brought the firearm to his attention it was because he had formed a view of what it was, and that DC Harrison communicated that view to him. He demonstrated and explained that he, Officer Simpson, touched it in the drawer and once he had done so he did not go any further but called to the SOCO. He said:

¶ [7] 35. Officer Simpson did not agree with the suggestion of defence counsel that the firearm was unwrapped and then put back in the drawer before the photographs were taken. ``` ```latex \documentclass{article} \usepackage{geometry} \usepackage{graphicx} \usepackage{hyperref} \usepackage{tabularx} \usepackage{multirow} \usepackage{multicol} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsfonts} \usepackage{amsthm} \usepackage{amscd} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} \usepackage{amssymb} \usepackage{amsmath} 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```markdown # Witness #3: WPC Lexine Welcome

¶ [36] Officer Lexine Welcome was also present at the search of the premises at Andy Drive. She described being called to the building by Officer Simpson because there was a female in the room. She recalled that when she entered the room, that the female was not fully dressed. The officer recalled that:

¶ [6] "I found ganja and a driver's licence in the name of Rueben Hydes. I also recovered her cell phone as she was trying to make a call. I kept her in sight. She appeared nervous and when she opened the drawer she attempted to move stuff. She did not get a chance to move anything. I said stop. The laptop was on top, more to the left side...I can't say she touched anything apart from taking up the laptop."

¶ [12] Officer Welcome stated further:

¶ [13] "When I first saw the firearm, it was on the handkerchief in the drawer. It was still in the drawer and I could see the handkerchief and the firearm. I can't recall seeing when it was moved."

¶ [16] Officer Welcome also states that she also saw the firearm when it was on top of the dresser.

¶ [18] Under cross examination Officer Welcome stated:

¶ [20] "Katrina Boae laptop"

¶ [19] She stated that Katrina Bodden appeared nervous to her. ```
```markdown # Witness #4: Detective Constable Louise Daniels ## Transcript

¶ [1] Officer Louise Daniels was the officer who interviewed the Defendant on the 17th of November 2016. She was not part of the search party that went to Andy Drive on the 15th of November. She described that the interview was recorded and that she spoke to Mrs. Prathna Bodden, attorney for the Defendant by telephone before the interview commenced. DC Daniels stated: > "I ascertained that she was unavailable. He [the defendant] was aware he was entitled to ask for advice."

¶ [2] Under cross examination Officer Daniels stated that she had interviewed Jason Hydes and Katrina Bodden before she commenced the interview with the Defendant.

¶ [3] DC Daniels states that she had arrested Jason Hydes for possession of an unlicensed firearm. She states that at that time: > "I know that you can only arrest on reasonable suspicion. I thought I had reasonable suspicion because of the details of the matter. I believe that this was because of or in relation to where the firearm was found. They were all arrested on suspicion because it was in a place accessible to all at the time of arrest."

¶ [4] In answer to defence counsel's questions about whether knowledge of the Defendant's cognitive ability placed him in a low to average range and whether these would have come officer standardised test results: ```
```html 1 2 3 4 5 6 “I had no concerns with his ability to understand my questions at that time. He was lucid. I have called stops before because I recognized certain symptoms or behaviours. Had I been aware I would have taken those into account with consideration had I known then which I didn’t because these things were not evident and did not appear to have any negative implications on the questions I was asking. Nothing communicated to me that there was a problem.” 7 45. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The interview of the Defendant by Officer Daniels recorded and later transcribed. I have heard the recorded interview. The more salient aspects of the interview were as follows: i. LD： I just wanted to make clear with you that’s the reason why police want to speak to you today, so in relation to that I’m just gonna firstly say here to you what can you tell me about the firearm and the drugs that were found at 23 Andy Drive. ii. RH： It was in my room iii. LD： Sorry this door is iv. RH： It was in my room v. LD： Okay vi. RH： And I am taking full responsibility for that and the drugs them too, now. Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 12 of 42

¶ [1] LD: Okay. So you're saying the gun was in your room, the drugs were in your room, you're taking full responsibility for that. I want to ask you some further questions about this, okay, so when did the gun come to be in your room

¶ [2] RH: Well I really don't, no comment, I don't want to answer that

¶ [3] LD: Okay, Where did it come from

¶ [4] RH: No comment

¶ [5] Further on, the questions and responses were as follows:

¶ [6] i. LD: Who else knew you had the gun with you

¶ [7] ii. RH: No comment

¶ [8] iii. LD: Who else knew you had the drugs in your room

¶ [9] iv. RH: No comment

¶ [10] v. LD: When you say that the drugs, can you just clarify for me what drugs were in your room

¶ [11] vi. RH: [long pause], cocaine and weed

¶ [12] At another point, the questions and responses were as follows:

¶ [13] Umm, no

¶ [14] RH: commer

¶ [15] ii. LD: Yeah

¶ [16] iii. RH: Can, can you pause that... ``` This is a faithful transcription of the provided text, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math.

¶ [1] iv. LD: I can't say anything with you off tape, if you want to speak to our lawyer

¶ [2] v. RH: No, I just want own up

¶ [3] vi. LD: Uh huh

¶ [4] vii. RH: for whatever

¶ [5] viii. LD: Yeah

¶ [6] ix. RH: They find in my room

¶ [7] x. LD: Uh huh

¶ [8] xi. RH: So

¶ [9] xii. LD: Please I'm asking the questions

¶ [10] xiii. RH: So

¶ [11] xiv. LD: About what's in your room at the moment

¶ [12] xv. RH: Yeah, so whatever they find in my room

¶ [13] xvi. LD: Yeah

¶ [14] xvii. RH: I want own up to it, whatever, whatever drugs

¶ [15] xix. RH: That they found

¶ [48] Again, further on in the interview the questions and responses were: ``` **Note:** The document appears to be a transcript of an interview, likely from a legal context, given the reference to a lawyer and the formal tone of the dialogue. The page is from a verdict judgment in the Cayman Islands, dated 21.03.2018.
```html 1 i. LD: Why did you have possession of the gun 2 ii. RH My own protection 3 iii. LD: Are you a licensed firearm holder 4 iv. RH: No 5 49. Other questions and responses were: 6 i. LD: Okay. So you collect Katrina early hours of the morning on 7 7 Tuesday. Then tell me about where you go then for the rest of Tuesday 8 ii. RH: Wah you mean 9 iii. LD: So she explains that you picked her up, or she was picked up, went 10 to the house, you two go to your room, she goes to sleep and then you go 11 out, do you agree with that, you left her in 12 iv. RH: Yeah 13 v. LD: Bed at the address, is that right, okay, and from there where do 14 you go 15 vi. RH I went go get light bulbs 16 50. Further on, responses to questions were: 18 And ty Drive pe. Okay. W hat belor ty Drive pe. 19 ii. RH: She only brought her bag some clothes Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 15 of 42

¶ [1] iii. LD: Describe to me the bag that she brought

¶ [2] iv. RH: I nah too sure wah colour the bag was or whatever, I know say she brought a bag

¶ [3] v. LD: Okay. So probably to make this a bit easier there's her clothing in the bag, your stuff, is there anyone else's stuff in your room

¶ [4] vi. RH: No

¶ [5] 51. Further on, the interview read:

¶ [6] i. LD: Does Katrina use drugs

¶ [7] ii. RH: No

¶ [8] iii. LD: With property that look like a woman's property so with a woman's bag inside the bag there was ganja, what can you tell me about that

¶ [9] iv. RH: that's mine

¶ [10] v. LD: So any ganja or cocaine located in that room would you say is yours

¶ [11] vi. RH: Yeah

¶ [12] v. Was Katrina aware of the drugs in the room?

¶ [13] ii. LD: ina aware of the drugs in the room

¶ [14] v. of No

¶ [15] 52. Another section of the interview read as follows: ``` This is a faithful transcription of the provided text, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math.
```html 1 i. LD: Does anyone else has access to your room 2 ii. RH: No comment 3 iii. LD: Did you 4 iv. RH: I'll be honest with you, nobody dun have access to my room 5 v. LD: Nobody has access 6 vi. RH: No 7 vii. LD: Does your room lock 8 viii. RH: Yeah 9 ix. LD: You have a key for it? 10 x. RH: Yeah 11 xi. LD: Does anyone else 12 xii. RH: No 13 53. Other responses to the Officer's questions were: 14 i. RH I'll be honest with you ma'am 15 ii. LD: Yeah 16 iii. RH: ah going an 17 iv. LD: Sorry? ``` ```latex \documentclass{article} \usepackage{geometry} \usepackage{tabularx} \usepackage{graphicx} \usepackage{hyperref} \geometry{a4paper, margin=1in} \begin{table}[h] \centering \begin{tabular}{|c|c|c|p{10cm}|} \hline 1 & i. & LD: & Does anyone else has access to your room \\ \hline 2 & ii. & RH: & No comment \\ \hline 3 & iii. & LD: & Did you \\ \hline 4 & iv. & RH: & I'll be honest with you, nobody dun have access to my room \\ \hline 5 & v. & LD: & Nobody has access \\ \hline 6 & vi. & RH: & No \\ \hline 7 & vii. & LD: & Does your room lock \\ \hline 8 & viii. & RH: & Yeah \\ \hline 9 & ix. & LD: & You have a key for it? \\ \hline 10 & x. & RH: & Yeah \\ \hline 11 & xi. & LD: & Does anyone else \\ \hline 12 & xii. & RH: & No \\ \hline 13 & 53. & Other responses to the Officer's questions were: & \\ \hline 14 & i. & RH & I'll be honest with you ma'am \\ \hline 15 & ii. & LD: & Yeah \\ \hline 16 & iii. & RH: & 'ah going an \\ \hline 17 & iv. & LD: & Sorry? \\ \hline \end{tabular} \end{table} \begin{figure}[h] \centering \includegraphics[width=0.5\textwidth]{cayman_islands_grand_court_seal} \caption{Cayman Islands Grand Court Seal} \end{figure} \begin{figure}[h] \centering \includegraphics[width=0.5\textwidth]{cayman_islands_grand_court_seal} \caption{Cayman Islands Grand Court Seal} \end{figure} \begin{flushright} \begin{tabular}{c} Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 \\ Page 17 of 42 \end{tabular} \end{flushright} ```
```html 1 v. RH： You is not going to use Katrina now for getting me to answer that, 2 I understanding you 3 vi. LD： Uh huh 4 vii. RH： What was in my room 5 viii. LD： Yeah 6 ix. RH That was mine 7 x. LD： Okay 8 xi. RH： For that and what was in，in the back room 9 xii. LD： Okay ``` ```latex \section{Transcription} \begin{table}[h] \centering \begin{tabular}{|c|c|c|c|} \hline 1 & v. & RH: & You is not going to use Katrina now for getting me to answer that, \\ \hline 2 & & & I understanding you \\ \hline 3 & vi. & LD: & Uh huh \\ \hline 4 & vii. & RH: & What was in my room \\ \hline 5 & viii. & LD: & Yeah \\ \hline 6 & ix. & RH & That was mine \\ \hline 7 & x. & LD: & Okay \\ \hline 8 & xi. & RH: & For that and what was in, in the back room \\ \hline 9 & xii. & LD: & Okay \\ \hline \end{tabular} \caption{Portions of the interview} \end{table} \textit{Verdict Judgment. R v. Hydes (Rueben Hesmer)) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018} \textit{Page 18 of 42} ```
```html 1 DNA 2 54. The Crown, through the witness Dr. Cheri Langston, produced a DNA report. Dr. 3 Langston's evidence was introduced as expert evidence. She examined a number of 4 items received by the Cayman Islands Forensic Science Laboratory relating to the 5 Defendant Rueben Hydes as well as Jason Hydes, Katrina Bodden and Odain Ebanks. 6 55. As far as is material, Dr. Langston examined a swab which was taken from the trigger 7 of the firearm recovered from the bedroom of the Defendant. The swab revealed a 8 multiple source DNA profile which concluded that the Defendant could not be 9 excluded as a contributor to the multiple source DNA profile obtained from the wet 10 swab of the trigger. It was estimated to be 4.9 thousand to 12 thousand times more 11 likely to observe this multiple-source DNA profile if the Defendant and two unknown 12 unrelated individuals were the contributors than if three unknown unrelated individuals 13 were the contributors. Katarina Bodden and Odain Ebanks were excluded as possible 14 contributors. In relation to Jason Hydes it was not possible to make a meaningful 15 comparison. 16 56. As far as the purple scarf in which the firearm was found is concerned Dr. Langston 17 concluded that Katrina Bodden could not be excluded as a possible contributor to what 18 was a multiple source DNA profile. This result was based on the population of the 19 Cayman Islands. Dr. Langston stated that it is 240 times more likely to observe this 20 profile if Katrina Bodden and three unknown unrelated individuals were the 21 cont if four undk individuals 23 ryan Ebanks W betweenle contribu 22 tributors thanknown unrelcontributors. atesJason 22 es and Odai ere exclu 23 and Odain Ebanks were exclu ble meaningful 24 comparison could be made between the multiple sthance DNA profile and the Defendant. Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 19 of 42 ```
```html 1 57. That was the extent of the prosecution evidence. ``` ```latex \section{57.} That was the extent of the prosecution evidence. ```
```html 1 THE DEFENCE CASE 2 THE DEFENDANT 3 58. The defendant gave evidence on his own behalf and his evidence was: 4 59. The Defendant states that he had a call from his sister about midday and that it was at this time that he found out that Katrina Bodden and Jason had been arrested. 6 60. The Defendant states that he gave himself in two days later because he did not want his family and girlfriend to get in trouble. 10 61. The Defendant stated in evidence that he first heard about a gun when the police read out what he was being charged for and he recounted to the court: 12 62. He stated that during the course of the interview: 15 63. Thelso stated. in 18 19 Defendant a relation \text{Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.) Date: 21.03.2018} \text{Page 21 of 42} ```
``` Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 22 of 42

¶ [1] "...never want him get no trouble neither. Jason had been in trouble before. I thought he would probably get sent back to prison." and "no one explained how serious these allegations were. I never knew it was a lengthy prison sentence of at least 7 years. I was just frighten."

¶ [5] 64. When the Defendant gave further evidence on the main trial he stated as follows:

¶ [6] "When I spoke to the court last week I did not exactly tell the court everything. If I had a gun I would have it for my own protection. I did not tell them that I know about the gun. I took responsibility for everything in my room."

¶ [10] 65. The Defendant stated that what he had said in the interview was not the truth.

¶ [11] 66. The Defendant stated that he did not know there was a gun in his room and that he only knew about the drugs which he had for personal use. He said:

¶ [13] "I did not know about the gun but I know about ganja and cocaine."

¶ [14] 67. The Defendant states that he told those lies because he did not want his brother and girlfriend to get into trouble.

¶ [16] 68. Upon being shown the photographs in Exhibit 1 the Defendant maintained:

¶ [17] "I see the photograph of the gun. I have never seen it before in real life. I did not know it was there. I did not have a gun for my own protection." ```
```html 1 69. In cross examination the Defendant gave the following evidence: 2 “I have slept in that bedroom for about 2 years probably even more. I 3 have been with [Katrina Bodden] for about a year before August 2016. 4 She sometimes slept in that bedroom. The Bedroom door had a lock on it 5 and I had a key to get in and out. [KB] did not have a key...No one else 6 had a key.” 7 70. The Defendant stated in relation to the drawer in which the firearm was found: 8 “I kept clothes in there. ...The last time I opened that drawer I am not too 9 sure, it’s been a while.” 10 71. The Defendant went on to explain that the clothes in the drawer were items that he 11 would wear to go out so he would not wear these on a daily basis. He also said in 12 cross examination: 13 “At the time of the police search, I am not sure, only me and my girlfriend 14 had access to the room.” 15 72. The Defendant said that he had never seen his girlfriend with a firearm. However, he 16 offered that it could have been Katrina Bodden or Jason Hydes who could have opened 17 his room and put the firearm there. 18 73. The Defendant denied that he kept documents on top of the chest of drawers and 19 deniwould have the open ed that he left his draw or 20 vers. top of 21 74. The Defendant states that he was not telling the police the truth in the interview. Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 23 of 42 ```
```html 1 75. The Defendant agreed that he understood the questions that were asked in the 2 76. The Defendant's evidence was: 3 77. I don't know why I didn't [deny it] maybe because I was just frighten and 4 they were asking questions. I don't know why I did not say I don't 5 know anything about it. I don't know I was getting into more trouble. I 6 don't know it is illegal to have a gun. I don't know nothing about the gun. 7 It was not my gun." 8 9 77. I remind myself that I will treat the Defendant's evidence as I would any of the other 10 witness at trial in seeking to assess its credibility, truthfulness or reliability. If after 11 hearing the evidence of the Defendant I am left in a state of reasonable doubt as to the 12 prosecution's case, then I must find the Defendant not guilty and resolve that doubt in 13 the Defendant's favour. If however I am not convinced of the credibility or 14 truthfulness of the Defendant's account I must still go back to consider the evidence 15 led by the Prosecution to determine whether, on the strength of the prosecution's 16 evidence, I am sure of the Defendant's guilt or not. Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 24 of 42 ```
```markdown # EXPERT MEDICAL EVIDENCE ON BEHALF OF THE DEFENDANT

¶ [78] Apart from the Defendant, two doctors were called for the defence. The reports of both doctors were tendered into evidence at the trial and both were accepted as expert witnesses. ## DR. CLEMENT VON KIRCHENHEIM

¶ [79] Dr. Clement Von Kirchenheim, a clinical psychologist, produced a psychological report relating to the Defendant. This report revealed that the Defendant was illiterate and that his cognitive ability was in the low average range. The Doctor concluded that it was more likely than not that this was as a result of significant learning disabilities. The assessment revealed various traits. The doctor noted that: - "Although he is typically able to function adequately, periods of marked emotional, cognitive or behavioural dysfunction are likely." - "He may be guarded and indifferent emotionally to help deaden his excess sensitivity, but this only results in deep feelings of loneliness, isolation, and a disturbing mixture of anxiety, sadness, anger and guilt. Except for the occasional impulsive outburst, he is conciliatory, placating, ingratiating and self-sacrificing."

¶ [80] The doctor's opinion was that the Defendant's traits suggested the presence of a major depressive disorder as well as a prominent generalized anxiety disorder. The doctor suggested that the Defendant's traits were likely employed to moderate the anxieties and personal inadequacies he feels in his social relationships.

¶ [81] Extensive drug abuse was indicated, which the doctor suggested was likely employed to moderate the anxieties and personal inadequacies he feels in his social relationships. --- Verdict Judgment, R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 25 of 42 ```
```html 1 82. The doctor concluded that the Defendant would have difficulties with sequencing and understanding the court proceedings, but given adequate time, explanations and language was kept at a basic level he was fit to plead. 4 83. Dr. Von Kirchenheim gave his opinion that a number of the traits that he identified in the Defendant may be associated with persons who make false confessions, but he could not state that this was a causative effect, definitively leading to such a conclusion in the Defendant’s case. 8 84. While the doctor agreed that the Defendant presented a complex picture of someone below average intelligence and cognitive ability, coupled with his disorders and personality traits, he did not conclude that these represented such a significant difference from the norm such that they would render the Defendant’s confession unreliable or a false confession. 13 85. In answer to counsel for the Crown he agreed that after interviewing the Defendant and also having seen the transcript of the interview the Defendant is able to answer straightforward questions with straightforward answers. ``` This is a faithful transcription of the page, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math. The content is taken directly from the image provided.
```markdown # DR. ARLINE MCGILL

¶ [86] The psychiatrist Dr. Arlene McGill was also called as an expert witness by the defence.

¶ [87] Dr. McGill reported that the Defendant's screening forms suggested prominent features of Attention Deficit Hyperactivity Disorder (ADHD), Dyslexia, major depressive symptoms with prominent anxiety and mild free floating suicidal ideation. She also reported that he had difficulty with abstract reasoning but that his practical reasoning skills were within normal limits.

¶ [88] Dr. McGill therefore concluded that the Defendant demonstrated a mild to moderate depressive disorder with moderate anxiety disorder with panic. She noted that these may be sequelae to a post traumatic syndrome from childhood which is self-medicated with cannabis. Dr. McGill offered that cannabis was effective at eliminating some of the symptoms associated with the Defendant's disorders that she had identified. ```
```html 1 THE REPORT OF DR. SUSAN POPE 2 89. Dr. Susan Pope’s DNA report was introduced for the defence and was unchallenged by 3 the Crown. 4 90. Dr. Pope agreed with Dr. Langston’s assessment of the DNA results produced upon 5 examination of the items recovered from the premises at Andy Drive that were sent for 6 testing and had been examined by Dr. Langston. 7 91. However, Dr. Pope went further to state that the statistical evaluation provided did not 8 consider the mechanism, either direct or indirect, by which any DNA found on these 9 items was deposited, nor the time at which it may have been deposited upon the items 10 where relevant DNA was identified. 11 92. Dr. Pope went further than Dr. Langston and opined that Jason Hydes could be 12 eliminated as a possible contributor to the mixed DNA profile swab which was taken 13 from the trigger of the firearm recovered from the bedroom of the Defendant. 14 93. Dr. Pope agreed with Dr. Langston’s conclusions with regard to Katrina Bodden and 15 the purple scarf found in the same drawer of the dresser in which the firearm was 16 found. 17 “This result was inconclusive in respect of whether or not Rueben Hesmer 18 Hyes, the Defendant, could be a contributor and so no conclusion could 19 be dr” 20 21 Verdict Judgment. R v. Hydes (Rueben Hesmer)) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 28 of 42 ```
```html 1 94. Dr. Pope's evidence on the issue of secondary transfer is relevant. Her report was to the effect that: 3 94. “If clothing regularly worn by Rueben Hydes was stored in a drawer then 4 traces of his DNA would be expected to be on the clothing even after washing. This could potentially be transferred onto the firearm in 6 sufficient quantity to give the type of weak result seen on the trigger....The 7 DNA profile would give the same result however it was deposited...” 8 95. Dr. Pope concluded that, in the absence of experimental data, there is no scientific 9 basis for assigning a weight of evidence to possible direct or indirect (secondary) 10 transfer in this case. Dr. Pope quite helpfully set out that even if it were to be accepted 11 that DNA from Rueben Hydes is present on the trigger of the firearm, then the DNA 12 result does not assist in determining: 13 i. “Whether Rueben Hesmer Hydes was the last person to tough the trigger 14 before it was recovered; 15 ii. How long ago the DNA from Rueben Hesmer Hydes was deposited on the 16 trigger; 17 iii. The mechanism by which the DNA from Rueben Hesmer Hydes was 18 deposited on the trigger, including whether it was left directly (primary 19 transfer) or indirectly via an intermediary (secondary transfer); 20 iv. Wheror(s) of 21 96. That was the extent of the evidence led at trial. 6 a-d of page 23 of Dr. Pope's report Verdict Judgment. R v. Hydes (Rueben Hesmer)) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 29 of 42 ```
```markdown # CLOSING SUBMISSIONS

¶ [97] Both counsel for the Crown and for the Defendant addressed the Court at the close of the evidence. I remind myself that the opinions and arguments of counsel are not evidence in this case. These opinions and arguments have been placed before the Court for consideration, but I am not bound by them. ## THE PROSECUTION'S SUBMISSIONS

¶ [98] The Crown asks this court to consider their case against the defendant as having three strands: i. **The location and circumstances of discovery of the firearm:** a) Only the Defendant and his girlfriend had use of the Defendant’s bedroom. b) The Defendant admits that items of his clothing were found in the same drawer as the firearm. c) The attempts by the Defendant to distance himself from the drawer during cross examination. d) The location in which the gun was found was readily accessible by the Defendant. e) Items found in the drawer of the defendant’s bedroom were of personal value and importance to the Defendant. ```
The confession interview: a) The Defendant, despite having certain mental issues and despite any features of his medical or psychological makeup, was well capable of giving straightforward answers to straightforward questions. b) It was accepted that there was no element of trickery or vagueness or ambiguity in the questions asked and the answers given and there was no suggestion of pressure, coercion or ambiguity. c) The Defendant was asked a specific question about a firearm and he gave a specific answer. d) If the Defendant were in fact scared, one would have expected that he would have denied it or disowned it - not accepted it. e) Was the Defendant trying to place the blame on Katrina Bodden: The fact that KB may have known of the presence of the weapon does not obviate the Defendant from liability as knowledge, custody and control are elements of possession. Her possible knowledge was no defence to the charge against the defendant. ## DNA: While the Crown accepted that the DNA report suggested only a k result, this was not conclusive of the prosecution case. Court may choose weight to attach as it sees fit. Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 31 of 42
```html THE DEFENCE SUBMISSIONS 99. The Crown's case on each aspect must be cogent for it to be successful. i. Access and occupation of premises: a) Rueben Hydes not present when premises were searched. b) The door was forced, that is, Katrina Bodden did not let the police in. c) Jason Hydes could have had access to the Defendant's room as it was the same sort of door that he had forced in the other bedroom to let the police in. d) Two others-Katrina Bodden and maybe Jason Hydes had access to the room. ii. Behaviour of Katrina Bodden: a) Nervous of going to drawer in which the firearm was found. b) No female clothes in that drawer. c) All of her clothes in the silver bag - but her laptop was recovered from the drawer. ie issue of cu 18 a admits th ake the On thsody and Defence er movemt t a) Defence admits that KB and another Defence case very far but absent the confession and DNA the court may have to acquit. ``` This is a faithful transcription of the provided content, using Markdown for headings and paragraph structure, HTML for tables, and LaTeX for math.
Where issue is knowledge and control, exclusion of others must be shown: #### a) Does Crown have to disprove Katrina Bodden's possession and control? The girlfriend is present when Defendant is not and the girlfriend going into the drawer means that the Crown have to disprove on the basis of Ritchie 7 that it was her gun and disprove that she had control of it. #### b) The fact that it was his premises is not sufficient evidence to prove knowledge. #### v. DNA evidence: #### a) Three individuals disturbed the drawer before the firearm was recovered. #### b) Both experts agree that the DNA is a weak result and the Defence expert's evidence is that it could be consistent with transfer from clothes. #### c) On the question of weight, the DNA does not take the prosecution case much further and Defence says that Court should not give any weight to it at all. #### vi. Confession poor: #### a) Bare admission of guilt or 'here is now no detail of what was in his mind. The detail to show whether 7 Per Bingham, Ag. J. 30 th April 1993 **Verdict Judgment. R v. Hydes (Rueben Hesmer)) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018** Page 33 of 42
```html b) The Expert's/Experts' warning is to take care. c) Defendant admits to Jason Hydes' drugs in the house. d) The veracity of the confession should be given very little weight. e) Defence maintains this is a False confession vii. Is this a false confession: a) Medical evidence to say that he would tend to be a personality which may confess in order to relieve the immediate pressure he may feel in this case. b) Medical evidence unchallenged. viii. Incriminating interview but exculpatory live evidence. The Defendant may understand the questions but did he give truthful answers evidence should be treated with caution. ix. Is the prosecution case so overwhelming in all of these circumstances? ``` This is a transcription of the content visible in the image, formatted according to the specified guidelines.
```html 1 ANALYSIS AND CONCLUSION GRAND COURT 2 CAYMAN ISLANDS 3 100. Defence counsel suggested that the findings by the doctors should be considered by 4 this Court when it is making its determination on the matter of the veracity of the 5 Defendant's confession that is, whether the Court could be sure that it was not a false 6 confession given in order to protect his girlfriend and his brother. 7 101. The Defence goes further to submit that this medical evidence should cause the Court 8 to consider closely whether the Defendant would tend to be a personality which may 9 confess in order to relieve the immediate pressure he may feel in this case. Defence 10 counsel underscores that the medical evidence was unchallenged. 11 102. I do not accept the submission by the Defence that the Defendant's 12 medical/psychiatric/psychological makeup and personality traits are such as to render 13 his confession unreliable or unsafe. 14 103. The doctors were both clear as to the Defendant's character traits, and neither could 15 state that the personality traits and psychological conditions displayed by the 16 Defendant were significant enough for them to conclude that he was of a personality 17 type to make a false confession. 18 104. This Court has heard the record of the interview and has observed the Defendant as he 19 gave There is no mind that the confession was voluntary 20 21 There is no question in my mind that the confession was given voluntarily 22 23 on it in assessing whether the Crown have proved their case against the Defendant to the requisite standard. Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 35 of 42 ```
The questions asked during the interview were straightforward and the Defendant had no difficulty in understanding them as he gave clear answers to them. The Defendant was not tricked into answering any questions during the interview. When questioned in cross-examination, the Defendant admitted that he had understood the questions asked. His answers to the direct questions on interview were that he had possession of the gun and that he had it for his own protection. This Court notes that when the Defendant gave evidence at trial he attempted to characterize what he had said in interview as a hypothetical question, instead stating: "I said if I had a gun it would be for my own protection." This Court has heard the record of interview and it is clear that the Defendant did not answer the question posed on the interview in this way. The record as set out at paragraphs 45 - 53 above is a true record of what the Defendant stated in answer to the question posed by Officer Louise Daniels: Why did he have possession of the gun. The apparent lack of further detail is not such that the Court should find that the Confession is unreliable or false. The Defendant, after having the benefit of counsel, was happy to answer the questions asked. He confessed to having possession of the firearm quite early on in the interview and it is obvious that the interviewing officer was attempting to get further details from the Defendant.
```html 111. It was clear at the outset of the interview that the Defendant understood that he had a choice of whether he wanted to answer the questions posed by the officer or not. He said: 4 “She told me I could go ahead and give a statement and she said it was all up to me if I want to give a no comment statement.” 6 112. The Defendant stated to this Court that he took responsibility for the firearm because he was “frightened to hear the charges they were putting to me” and because his girlfriend was locked up and he did not want her to get into trouble. He went on to state: 9 113. In cross examination the Defendant also stated: “I don’t know it was illegal to have a gun. I don’t know nothing about the gun.” Also: “I did not understand that I could get in more trouble” 15 114. I note that one of agreed Admissions on the evidence was that the Defendant’s brother, Leon Hydes, had a previous conviction for possession of an unlicensed firearm for which he received a sentence of eight (8) years’ imprisonment. 18 115. While it was never directly suggested to the Defendant that he must have known how 19 serications were attracted a lengthy prison sentence, and that the court had no evidence about his knowledge about the allegations and that the term became a truth of knowledge, kept less of the telling the brother’s competence and about his lack of knowledge about the seriousness of the allegation to which he was admitting. ``` ```latex \documentclass{article} \usepackage{geometry} \usepackage{graphicx} \usepackage{hyperref} \usepackage{amsmath} \begin{table}[h] \centering \begin{tabular}{|p{0.1\textwidth}|p{0.8\textwidth}|} \hline

¶ [111] & It was clear at the outset of the interview that the Defendant understood that he had a choice of whether he wanted to answer the questions posed by the officer or not. He said: \\ \hline 4 & “She told me I could go ahead and give a statement and she said it was all up to me if I want to give a no comment statement.” \\ \hline 6 & 112. The Defendant stated to this Court that he took responsibility for the firearm because he was “frightened to hear the charges they were putting to me” and because his girlfriend was locked up and he did not want her to get into trouble. He went on to state: \\ \hline 9 & 113. In cross examination the Defendant also stated: “I don’t know it was illegal to have a gun. I don’t know nothing about the gun.” Also: “I did not understand that I could get in more trouble” \\ \hline 15 & 114. I note that one of agreed Admissions on the evidence was that the Defendant’s brother, Leon Hydes, had a previous conviction for possession of an unlicensed firearm for which he received a sentence of eight (8) years’ imprisonment. \\ \hline 18 & 115. While it was never directly suggested to the Defendant that he must have known how \\ \hline 19 & serications were attracted a lengthy prison sentence, and that the court had no evidence about his knowledge about the allegations and that the term became a truth of knowledge, kept less of the telling the brother’s competence and about his lack of knowledge about the seriousness of the allegation to which he was admitting. \\ \hline \end{tabular} \caption{Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018} \label{tab:1} \end{table} ```
```markdown # Custody and Control of the Firearm

¶ [116] I accept the confession is evidence against the Defendant. ## Access to the Room

¶ [117] The firearm in question was recovered in the drawer of a chest of drawers belonging to the Defendant in the Defendant's room.

¶ [118] The Defendant said in his evidence that he had slept in the bedroom in which the gun was found for about 2 years, and probably even more, before the incident.

¶ [119] The Defendant agreed that the bedroom door had a lock on it and he had the key to get in and out. He stated that Katrina Bodden did not have a key and that no one else had a key.

¶ [120] Yet, in cross examination the Defendant's evidence was that at the time of the police search he was not sure that only he and his girlfriend had access to the room. When asked, the Defendant went on to say that it could have been Katrina Bodden or his brother Jason who opened his room and put the gun in there. I note here that it was never suggested to the police that the door appeared to be forced before they broke in and I remind myself that the Court should not speculate on this point. ```
The position of the firearm in the room

¶ [121] In his interview with Officer Daniels the Defendant was adamant that Katrina Bodden knew nothing of the gun yet when he gave evidence at trial he seemed to resile from that certainty and offered a weak response – saying that it could have been his brother or his girlfriend who put the gun there. The gun was found wrapped in a handkerchief. The defendant’s DNA did not appear on the handkerchief but it did appear on the trigger of the gun, albeit, a weak result.

¶ [122] The Defendant’s answers in cross examination were noted by the Court. The Defendant repeatedly sought to distance himself from the clothes that he admitted were his in the drawer in which the firearm was found. Principles relative to possession

¶ [123] The Court was referred to the case of Brandon Leslie Ebanks 8 by the Defence. I do not find that case useful in my determination of the guilt of the accused in this case. In Ebanks the court was concerned with the possession of a firearm that was found in a car which the accused had borrowed from his girlfriend earlier in the evening. The court found that: “Custody and control of everything in somebody else’s car is not established by the mere fact that the car is driven on a one time basis by the accused.” 8 Ruling of Levers J. of 4 th April 2017, Ind#16/07 Verdict Judgment. R v. Hydes (Rueben Hesmer)) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 39 of 42
```html 124. In the instant case, the room in which the firearm was found was the Defendant's 2 room, which he admitted that he had occupied this room exclusively for at least two 3 years before the firearm was found. The facts of the case distinguish themselves 4 entirely from the finding in Ebanks. 5 125. The Defence also asks the Court to review the case of Ritchie v R°. In that case the 6 issue was the possession of cocaine found in a guest bedroom of the Appellant's home. 7 The evidence was that there were 6-8 guests in the house on the day that the drugs 8 were found. 9 126. The Court of Appeal of England and Wales held that mere occupation of the premises 10 was not sufficient evidence that the Appellant was in possession of the drugs. The 11 Court had to be satisfied that he had control of the drug to the exclusion of all of the 12 other persons present on the premises that day. 13 127. The case for the prosecution in Ritchie was, at best, that any one of the persons present 14 could have placed the drug in the bathroom in which it was found. The prosecution in 15 Ritchie could not exclude possession of all the other persons present. 16 128. In the instant case, the firearm was found in the Defendant's own bedroom - which he 17 admits that he occupied exclusively, except when his girlfriend visited and for which 18 he alone had a key and to which he states he alone had access. These facts are 19 distinguishable from the facts in Ritchie on the very aspects and factors that must be 20 considered in order to attribute 21 possession 22 Per Bingham, Ag. J. 30th April 1993 Verdict Judgment. R v. Hydes (Rueben Hesmer) Ind. 32/17; Coram: Carter J. (Actg.). Date: 21.03.2018 Page 40 of 42 ```
```html 1 129. I remind myself of the definition of "possession" set out in s.3 of the Penal Code as 2 follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 <
```html 1 CONCLUSION 2 131. I have listened to and considered all of the evidence in this case. 3 132. I am satisfied that the Defendant's record of interview was voluntary. 4 133. I reject the Defendant's evidence that he was lying when he admitted possession of the 5 firearm on interview. 6 134. I find that the evidence on the Crown's case of the finding of the firearm, and the 7 defendant's custody or control of the firearm in the Defendant's room, bolster the 8 Defendant's admissions and the record of interview. 9 135. I am satisfied to the requisite standard, beyond a reasonable doubt, that the accused had 10 possession of the High-Point Model JCP Handgun and eight (8) rounds of .40 calibre 11 cartridges, contrary to s.15(1) and s.15(5) of the Firearms Law. 12 13 Dated this the 21st March 2018 14 Madam Justice Marlene Carter 15 Acting Judge of the Grand Court