Bernard Mills Appellant v Joseph E. Byron Supt. of Police Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeLewis, C.J.
Judgment Date26 Sep 1968
Neutral Citation[1968] ECSC J0926-1
Docket Number(On Appeal from the Magistrate's Court District "A") Criminal Appeal No. 7/1968
[1968] ECSC J0926-1

IN THE HIGH COURT OF JUSTICE

WEST INDIES ASSOCIATED STATES

Before:

The Honourable the Chief Justice

The Honourable Mr. Justice Glasgow

(On Appeal from the Magistrate's Court District "A") Criminal Appeal No. 7/1968

Bernard Mills
Appellant
and
Joseph E. Byron
Supt. of Police
Respondent

L.H. Lockhart for the Appellant

Charlesworth Ross, Acting Legal Assistant, for the Respondent.

1

The Judgment of the Court was delivered by —

Lewis, C.J
2

In this case, the Appellant was charged with driving a motor car without being licensed to drive. The case was heard on the 18th of July this year. He pleaded guilty and he was fined $60.00, and in default a sentence of three months imprisonment with hard labour was ordered. At the same time, he was charged in respect of the same incident with the offence of driving without having the requisite policy of insurance in force. He also pleaded guilty to that charge and he was fined $100.00 or two months imprisonment, and was disqualified from holding or obtaining a driver's licence for twelve months. In both cases, according to the record, he was ordered to pay these sums forthwith; no time was allowed.

3

The appeal is in respect of the licence case and an affidavit has been put in, which the Court was told has been served on the Magistrate, in which it is stated that he was given 14 days to pay, in the insurance case, and that he asked for time to pay in the driver's licence case but the Magistrate without stating any reasons, ordered him to pay forthwith. There is nothing in the record to indicate that this affidavit has been served on the learned Magistrate but learned Counsel at the Bar stated that he was so served last week Saturday, it could'nt be Saturday as this affidavit is dated the 23rd.

4

The Magistrate's notes on these two cases are extremely bare; they comprise just a few lines.

"Mr. Lockhart for Defendant; case No. 226/68 (which is the insurance case) Plea—Guilty; fined $100,.0 or two months; Defendant disqualified from holding or obtaining a driver's licence for 12 months. Case No. 227/68; Plea—Guilty; fined $ 60.00 or three months hard labour." That is all; there is nothing in the notes of evidence to indicate that any application for time was made, or that the Magistrate inquired as to the means of this Appellant before he decided to make the amount payable forthwith. Complaint is made that the learned Magistrate ought to have made such an enquiry. That...

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