Clarke v Blaize

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Loiusy, J.
• Judgment Date: 31 July 1967
• Neutral Citation: AG 1967 CA 9
• Docket Number: Criminal Appeal No. 9 of 1966
• Date: 31 July 1967

West Indies Associated States Supreme Court. High Court

Louisy, J., Berridge, J.

Criminal Appeal No. 9 of 1966

Clarke

and

Blaize

Appearances:

L.H. Lockhart for appellant

Legal Assistant for respondent

Vicarious liability - Employing person to drive who had no driver's licence.

Facts: The issue was whether the appellant was liable for employing to drive without having a license. The general principle is that where an act is done in the ordinary course of the Master's business and for his benefit he is liable for whatever penal consequences flow from such an act.

Held: He was employed by the appellant to drive, but following the general principle mentioned, as one was not guilty of employing him to drive when he was not holder of a driver's licence. Appeal allowed.

Loiusy, J.

1 This is an appeal against conviction for employing is a person to drive a motor Pick Up when he was not the holder of a chauffeur's licence.

2 There were two grounds of appeal but the appellant was not allowed to argue one as the point on which the ground was based was not raised before the magistrate.

3 The ground argued was, that the applicant is not guilty. The facts are quite simple. Alexon Roberts, Inspector of Police, as a result of an accident involving Tyrone Henry a driver of a vehicle belonging to Antigua Gases Ltd. went to the appellant who after questioning him found that he had employed Henry to drive when Henry did not have a driver's licence. The appellant denies employing Henry. Counsel for the appellant argued that assuming that the appellant employed Henry, he did so as the servant or agent of the Antigua Gases Ltd. and he would not be criminally,...