Harris v Reynolds

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Peterkin, J.
• Judgment Date: 29 July 1968
• Neutral Citation: LC 1968 HC 23
• Docket Number: Criminal Appeal No. 3 of 1968
• Date: 29 July 1968

West Indies Associated States Supreme Court. (Court of Appeal)

Bishop and Peterkin, JJ.A.

Criminal Appeal No. 3 of 1968

Harris

and

Reynolds

Appearances:

Attorney General for respondent.

Appellant in person.

Criminal law - Traffic offence — The appellant appealed against a conviction of using a vehicle without having affixed thereto the prescribed front identification mark. The question was whether the decision was against the weight of the evidence — The appeal would be dismissed since the magistrate accepted the evidence given by the police constable — Appeal dismissed.

Peterkin, J.

1 This is a case in which the appellant is charged with using a vehicle without having affixed thereto the prescribed front identification mark. The matter was heard ex parte by the magistrate. The appellant appeared later in the day, requested to be heard, and was granted a re-hearing as he said he had not received the summons.

2 On the first hearing he was fined Fifteen dollars. When the matter was subsequently disposed of the fine was doubled to one of Thirty dollars.

3 The first ground of appeal stated by the appellant is that the decision was contrary to the evidence and cannot be supported. The second ground was that the learned magistrate had previously disposed of the matter. The third ground alleged bias. The fourth ground is that the punishment was excessive.

4 In regard to what was stated in the second ground, when the magistrate decided to re-hear the matter he was clearly acting within his jurisdiction. In short, he was giving him an opportunity of being heard, and he cannot now be heard to complain about this.

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