Daniel v Elva

• Jurisdiction: St Lucia
• Judge: Lewis, C.J.,Lewis, J.A.,Davis, J.A.
• Judgment Date: 07 September 1971
• Neutral Citation: LC 1971 CA 12
• Docket Number: Criminal Appeal No. 5 of 1971
• Court: Court of Appeal (Saint Lucia)
• Date: 07 September 1971

Court of Appeal

Lewis, C.J.; Lewis, J.A.; Davis, J.A. (Ag.)

Criminal Appeal No. 5 of 1971

Daniel

and

Elva

Appearances:

C. Mason for the appellant.

L.A. Williams for the respondent.

Practice and Procedure - Requirement for recognizance to be signed — Appeal struck out

JUDGMENT OF THE COURT:

1 The court, on looking at this appeal, has observed that the recognizance was signed by the solicitor for the appellant and not by the appellant himself.

2 Learned counsel, who happens to be solicitor who signed the recognizance, has admitted that the recognizance is not in order. The law does not authorise the defendant's solicitor to sign the recognizance. Section 1119 of the Criminal Code Ch. 250 says that “within 15 days after the pronouncing of the decision” the appellant shall “enter into a recognizance, with at least one sufficient surety, to the satisfaction of the magistrate, conditioned for the due prosecution of the appeal …..” etc.

3 Unless that condition is complied with, the appeal is not perfected and the court has no alternative but to strike it out. The appeal is accordingly struck out.