Hilary Mars Defendant/Appellant v The Commissioner of Police Plaintiff/Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeERIC BISHOP, J.A. (Ag.), ST. BERNARD, J.A., ACTING CHIEF JUSTICE
Judgment Date25 Sep 1972
Neutral Citation[1972] ECSC J0925-1
Docket NumberCivil Appeal No. 8 of 1972
[1972] ECSC J0925-1

IN THE COURT OF APPEAL

Before:

The Honourable the Acting Chief Justice

The Honourable Mr. Justice St. Bernard

The Honourable Mr. Justice Bishop (Ag.)

Civil Appeal No. 8 of 1972

Between:
Hilary Mars
Defendant/Appellant
and
The Commissioner of Police
Plaintiff/Respondent

Bayliss Federick for Defendant/Appellant

The Honourable Attorney General with Miss Monica Joseph for Plaintiff/Respondent

ERIC BISHOP, J.A. (Ag.)
1

Hilary Mars was convicted of having in his possession on the 1st November, 1970 in the public road in Ashton, Union Island, a public place an offensive weapon namely a screw driver without lawful authority or reasonable excuse; contrary to Section 3(1) of the Prevention of Crime (Offensive Weapons) Ordinance No. 13 1955.

2

Mars was fined $5.00 to be paid in 7 days in default l4 days imprisonment, and being dissatisfied with the decision of the learned Magistrate filed an appeal in which he gave these reasons for appealing:

  • (1) That the magistrate's decision is erroneous in law.

  • (2) That the decision is altogether unwarranted in relation to the evidence produced before the magistrate so that had the case been tried by a jury they would have acquitted the accused.

3

The facts which the learned magistrate had before him are briefly these: Sergeant Caine said that on the 1st November, 1970 at about 12.10 p.m. he was on duty and that at a distance of about 100 yards from the Police Station he saw the appellant in a public road fixing a truck. There was one Wilma Dembarnearby and as he approached she made a remark. He spoke to her and the appellant intervened asking "is bright you playing bright", there was then a verbal exchange between the appellant and the Sergeant in which he challenged the Sergeant to touch him. The Sergeant stepped off and the defendant pulled out a screw driver from his pocket, pushed it in front of the Sergeant and challenged the Sergeant to touch him again. Then according to the Sergeant the defendant ran into a house and he pursued the defendant. When the defendant reached the front door, he pushed the screw driver in front of the Sergeant again as though trying to make a stab. The Sergeant called on him twice to put down the screw driver but the defendant refused. The Sergeant then held the accused, took the screw driver away from him and arrested him.

4

In defence the appellant admits that he had a screw driver in his possession but he says that he was repairing a truck...

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