Tomy v Agdoma

• Jurisdiction: St Lucia
• Court: High Court (Saint Lucia)
• Judge: Lewis, C.J.
• Judgment Date: 10 December 1968
• Neutral Citation: LC 1968 HC 34
• Docket Number: Criminal Appeal No. 7 of 1968
• Date: 10 December 1968

West Indies Associated States Supreme Court. (High Court)

Lewis, C.J. and Bishop, J.

Criminal Appeal No. 7 of 1968

Tomy

and

Agdoma

Appearances:

St. George Murray for appellant.

B. Renwick (Attorney General) for respondent.

Practice and procedure - Appeal — Whether appeals valid — Only one recognizance was entered in respect of appeals against two convictions

Held: By virtue of sections 1107, 1110 and 1119 of the Criminal Code, Cap. 250, the appeals were not perfected. There was no authority for entering into one recognizance in respect of appeals against two convictions or orders. Appeal dismissed.

Lewis, C.J.

1 The appellant was convicted on the 25 ^th September 1968 on two charges; one for failing to stop at a stop sign and the other for assaulting a woman police constable. Two charges had been filed. Mr. Murray who appeared for the defendant agreed that the cases should be heard together and they were so heard. The magistrate convicted in each case and made separate orders and separate memoranda of convictions have been filed with the record.

2 At the close of the case, after the decisions had been given, the appellant through his counsel, gave verbal notice of appeal, and this he confirmed by written notice dated 27 ^th September 1968 signed by himself, in which he referred to the two cases, numbers 1420 and 1421 of 1968, and which stated: “I hereby give notice of appeal to the West Indies Associated States Supreme Court (High Court) against the decision of the said District Court in the above cause pronounced on the 25 ^th day of September, 1968” etc.

3 He gave his reasons. Then on the 27 ^th September the same day, the appellant entered only one recognizance in respect of the...