Wildt v Noel

• Jurisdiction: St Lucia
• Judge: Peterkin, J.A.,Maurice Davis,E. L. St. Bernard,N. Peterkin,,
• Judgment Date: 13 October 1975
• Neutral Citation: LC 1975 CA 5
• Court: Court of Appeal (Saint Lucia)
• Docket Number: Magistratical Criminal Appeal No. 5 of 1975
• Date: 13 October 1975

Court of Appeal

Davis, C.J., St. Bernard and Peterkin, JJ.

Magistratical Criminal Appeal No. 5 of 1975

Wildt

and

Noel

Negligence - Traffic accident — Liability

Facts: The appellant was convicted of driving a motor car without due care and attention and was fined $120.00. The issue on appeal was whether the findings of the Magistrate were against the weight of the evidence.

Held: On a consideration of the whole of the evidence in the case and of the magistrate's reasons for decision, there was nothing unreasonable in his findings of evidence. There was ample evidence on which the magistrate could have found the appellant to be negligent. Appeal dismissed. Conviction and Order affirmed.

No Appearances.

1 Peterkin, J.A., delivered the judgment of the court:

2 On 6th March, 1975 the appellant was convicted for driving motor car 3757 along the John Compton Highway on 4th February, 1975 without due care and attention, and was fined $120.00. He now appeals against his conviction on the following grounds:

• “1. That the decision is altogether unwarranted by the evidence.

• 2. That the learned magistrate failed to direct himself as to the obligations arid responsibilities of a motorist at a stop sign.

• 3. That the findings of the learned magistrate were against the weight of the evidence.

• 4. That the defendant is not guilty of the offence.”

3 The accounts of the accident as given by the appellant and the driver of the other car 5659 are contradictory, but there are some facts which are not in dispute. The accident occurred at about 11.45 p.m. at a point near to the junction of the Peninsular Road with the John Compton Highway. There is a right hand bend in the highway at this junction, as it continues towards Vide Bouteille, and the Peninsular Road merges into the Highway in a straight line from the left. Motorist travelling from Vide Bouteille and wishing to enter the Peninsular Road are neither required to turn left nor right, but because the Peninsular Road is approximately half the width of the Highway must veer to the right in order to enter that road. There is a stop sign directing motorists travelling on the Highway from Castries to stop and give way at the junction. The appellant was travelling from Vide Bouteille towards the Peninsular Road, while the driver of car 5659. Dr. Parris was travelling from Castries towards Vide Bouteille. The two cars collided about 8 to 10 yards from the junction, and approximately in the middle of the Highway, after car 5659 had emerged from the junction. The Highway at that point is 32 feet wide. The right sides of both vehicles were damaged. The account given by Dr. Parris is best related by reference to his evidence:

“I had intended to turn right in the direction of Vide Bouteille. My indicator was indicating that I was turning right. I stopped at the junction of the John Compton Highway and the Peninsular Road. I could see nothing coming from my left. I could see that very clearly because there was an open space on my left, the football field. I look to the right and I saw the lights of an approaching car in the distance. I was at a standstill when I saw the lights. The car was in the region of the McNamara's” house opposite the Barclays Bank club. There is a junction formed by the Peninsular Road and the L(Anse Road. The distance between the junction of the John Compton Highway and Peninsular Road and the L(Anse Road junction (both counsel agree) is between 100 and 150 yards. When I first saw the car it had not passed the L(Anse Road junction. When I stopped at the junction I was at a standstill. After seeing the car approaching at that distance, I glanced to the left again and started to move off looking right. I went right out to my left in the Peninsular Road before turning. That part of Peninsular Road to the left of the John Compton Highway is narrower than that to the right. As one leaves the junction and goes to the right the road narrows slightly. I moved off straight and turned right. By the time I could straighten up the vehicle and moved from 1st to 2nd gear to move onwards, I realised that he approaching vehicle whose headlights were full on was approaching very fast. Minutes later I saw the approaching vehicle deviating sideways. It started to move from the left to the right. Things seemed to be happening so fast at that point the care started to deviate from his side of the road to my side of the road. It started to do so at some point after the L(Anse Road junction. I would say from 15 to 20 yards from the junction. This I am saying on the assumption that the distance between the L(Anse Road junction and the John Compton Highway and Peninsular junction is 100 to 150 yards. The deviation checked but later recommenced in my direction. And very soon afterwards I was hit. Before I was hit, I distinctly remembered dying to ditch the car on my left side. I had progressed about 8 to 9 yards from the junction when I was hit. When I say 8 to 10 yards it is, from the point of the straightening up on my left side. The events immediately following the impact were not clear to me. “

4 He stated the appellant's, car was travelling very fast, and gave his opinion of the speed as in excess...