Gomes v The State (Trinidad and Tobago)

Hilary Term

[2015] UKPC 8

Privy Council Appeal No 0085 of 2013

SIR BRIAN LEVESON:

1.                  On 14 August 2010, after a retrial before Lucky J and a jury at the Port of Spain Assizes, the appellant, Rick Gomes, was convicted upon two counts of possession of a dangerous drug (cocaine) for the purpose of trafficking, possession of a firearm and possession of ammunition. He was sentenced to 13 years’ imprisonment with hard labour on the first count with concurrent terms of five years, five years and three years imprisonment with hard labour respectively. His appeal against conviction to the Court of Appeal of the Republic of Trinidad and Tobago (Weekes, Yorke-SooHon and Narine JJA) was dismissed. There was no appeal against sentence and by dismissing the appeal against conviction, the sentences were affirmed.

2.                  On 18 March 2014, the Board (Lord Kerr, Lord Clarke and Lord Toulson) refused the appellant leave to appeal against conviction but, on the basis of arguments not previously advanced, granted leave to appeal against sentence. The written grounds were that the appellant’s sentence should have been reduced so as to give credit for the time that he spent on remand in custody, pending extradition, both in the United Kingdom and in Trinidad and Tobago and that, both for that reason and in any event, the current sentence is manifestly excessive. In the circumstances, the facts and, more important, the chronology of the proceedings require analysis.

3.                  As long ago as 15 May 1998, when executing a search warrant at the appellant’s home, police officers observed the appellant and another seated at opposite sides of a table on which there were 17 packets each containing a white powder later found to be cocaine. Using two sets of different car keys found in the appellant’s trouser pocket, the police searched both cars. Under the driver’s seat in one car, there was a firearm and ammunition; in the boot of the other was a further packet also containing cocaine. Forensic analysis revealed that the 17 packets consisted of 18.7 kilograms of powder which represented 8.41 kilograms of cocaine at 100% purity; the single packet consisted of 999.6 grams of power which represented 377 grams of cocaine at 100% purity. The appellant was charged with the offences and remanded in custody.

4.                  On 4 November 1999, Volney J severed the firearms charges and a trial proceeded on the drugs charges. On 14 December 1999, for reasons which do not require elaboration, the judge upheld a submission of no case to answer in respect of which the State intimated an intention to appeal.…