Kirton Charles Appellant v Joseph E. Byron (Supt. of Police) Respondent [ECSC]

JurisdictionCaribbean States
CourtEastern Caribbean Supreme Court
JudgeLewis, C. J
Judgment Date26 May 1968
Neutral Citation[1968] ECSC J0526-1
Docket Number(On Appeal from the Magistrate's Court, District "B") Criminal Appeal No. 4/1968.
[1968] ECSC J0526-1

WEST INDINS ASSOCIATED STATES

IN THE HIGH COURT OF JUSTICE

Before:

The Honourahle the Chief Justice

The Honourahle Mr. Justice Glasgow

C.E. Hewlett for the Appellant

Charlesworth Ross, Acting Legal Assistant, for the Respondent.

(On Appeal from the Magistrate's Court, District "B") Criminal Appeal No. 4/1968.

Kirton Charles
Appellant
and
Joseph E. Byron
(Supt. of Police)
Respondent
1

The Judgment of the Court was delivered by— Lewis, C. J.

2

Section 58 of the Vehicles and Road Traffic Ordinance (Cap. 283) prescribes the procedure which must he adopted if the Magistrate on the hearing of a case of dangerous driving comes to the conclusion that there is a case for the Deferce to answer on careless driving hut not on dangerous driving. He must then direct or allow a charge of careless driving to he preferred and he may proceed to hear it, hut he must inform the Defendant of the new charge and give him an opportunity to cross-examine any witnesses who have already given evidence if he so desires. In this case, this procedure was not adopted. The learned Magistrate evidently realised this after the appeal was lodged, and put into his Reasons for decision a paragraph which says that in the light of Section 58 of the Vehicles and Road Traffic Ordinance, at the close of the case for the prosecution, the hearing then proceeded in like manner as if there were two charges (one for dangerous driving and the other for careless driving) being tried together with consent. It would have been far better if the Magistrate had frankly conceded that what he had. done was wrong rather than to try to gloss it over in the way that he has done. The Court deprecates this attempt on the part of the learned Magistrate to gloss over what was...

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