Brade v Blaize

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Louisy, J.
• Judgment Date: 31 July 1967
• Neutral Citation: AG 1967 CA 8
• Docket Number: Criminal Appeal No. 10 of 1966
• Date: 31 July 1967

High Court

Louisy, J. Berridge J. (Acting)

Criminal Appeal No. 10 of 1966

Brade

and

Blaize

Appearances:

C. E. Francis for appellant

Legal Assistant for respondent

Jurisdiction - Magistrates — Additional Magistrate appointed under section of the local Act which had been superseded by Imperial Order in Council — Appointment subsequently validated by Imperial Statutory Instrument with retrospective effect — Jurisdiction of Magistrate — Validity of his order convicting appellant — Magistrate's Code of Procedure Act, Cap. 61, ss. 3, 6,12 — Windward Island and Leeward Islands (Courts) Order in Council 1959, s. 25 — Antigua (Magistrates) (Validation) Order in Council, 1962, s.2.

Held: On February 10, 1961 L was appointed an additional magistrate by the Administrator under s.6 (2) of the Magistrates Code of Procedure Act, Cap. 16. As from January 1, 1960, the power to appoint magistrates in Antigua was vested in the Administrator of Antigua acting on the recommendation of the Judicial and Legal Service Commission as provided by s.25 of the Windward Islands and Leeward Islands (Courts) Order in Council in 1959. In 1963 and 1966 two further appointments of the office of additional magistrates were made. Section 2 of the Antigua (Magistrates) (Validation) Order in Council 1962 validated appointments made after December 31, 1959 under the Magistrates'; Code of Procedure Act. The issue for determination was whether he had jurisdiction to convict the appellant for smuggling goods into Antigua and whether he could lawfully sit as Magistrate when the posts of magistrate and additional magistrate were filled by the 1963 and 1966 appointments which the appellant contended, revoked L's 1961 appointment.

Held: Section 2 of the Antigua (Magistrates) (Validation) Order in Council, 1962 validated L's appointment as a Magistrate.

Louisy, J.

1 In this case the appellant was charged before the magistrate's district “A” for that he on the 25th September, 1966 was a person concerned in smuggled goods. He was convicted and against this conviction he has appealed. The grounds of appeal are as follows –

• 1. That Mr. Lambert had no jurisdiction in the matter and he could not lawfully sit as magistrate when the posts of magistrate and additional magistrate were then filled by Mr. Oswald Jack and Mr. Franklyn Clarke, respectively.

• 2. The defendant is not guilty.

2 The facts are briefly that Cpls. Payne, Wynter and French were on duty on Sunday 25th September 1966 about 7.00 p.m. at Donovanas Beach. About 8.30 p.m. Payne saw a sloop sailing towards the beach and dropped anchor about 3 mile from the beach. Thereafter 8 row boats went to the sloop, seven of the boats left and went in the direction of St. John's pier and one went to Donovan's Beach.

3 Payne said he saw two men sitting on cases in the eighth boat. The boat reached in shallow water near the shore, one of the men jumped out of the boat and pulled it ashore. Payne ran towards the man arrested him, that was appellant Brade. The other man was also arrested but he is not before us. In the boat the police found a quantity of cases of liquor and cigarettes marked St Berths and St Marteen.

4 Walter Benjamin a customs officer went to the St.John's police station on Monday 26th September 1966 where he saw the cases of liquor and cigarettes. He stated the procedure to be followed when goods arrived into Antigua. That on Sunday 25th September the warehouse closed at 6 p.m.

5 Before the hearing of the case in the Magistrate's Court commenced, counsel for appellant submitted that the magistrate had no jurisdiction to hear the case, the magistrate overruled this submission. This same submission is ground one of the appellant's reasons for appeal.

6 Counsel referred to section 3 of the Magistrate's Code of Procedure Act which reads –

“3. For the purpose of holding Magistrates Courts the Colony is divided into districts as follows –

7 The island of Antigua into two districts A and B.

8 The island of Barbuda into one district C.”

9 and to section 6 of the same Act. Section 6 reads –

“6. Notwithstanding anything contained in this Act it shall be lawful for the administrator, if he shall think fit, from time to time by...