Goodwin v Barrow

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Cecil Lewis, J.A.
• Judgment Date: 16 June 1970
• Neutral Citation: AG 1970 CA 6
• Docket Number: Criminal Appeal No. 2 of 1970
• Date: 16 June 1970

Court of Appeal

Lewis, C.J.; Lewis, J.A.; St. Bernard, J.A. (Acting)

Criminal Appeal No. 2 of 1970

Goodwin

and

Barrow

Appearances:

G. Watt for the appellant

D. Cenac (Legal Assistant) for the respondent

Road traffic - Driving without due care and attention — Vehicles and Road Traffic Ordinance, Cap. 283.

Facts: The sole issue on appeal was whether there was sufficient evidence to support the conviction of driving without due care.

Held: The finding by the trial judge was one of fact and there was sufficient evidence to support his decision. Appeal dismissed.

Cecil Lewis, J.A.

1 There were originally five charges in this mater on which the appellant was convicted. Only one recognizance has been filed. Counsel has conceded that this is improper and that he would have to elect on which one of the five charges he will proceed in respect of his appeal.

2 He has elected to proceed with his appeal in respect of the conviction on charge 215 of 1968 in which it was alleged that the appellant on the 16th day of October, 1968, at Parham in the Magisterial District “B” in Antigua, drove motor omnibus H 1180 on the Parham Road without due care and attention, contrary to section 54 of the Vehicles and Road Traffic Ordinance Chapter 283 of the Revised Edition of the Laws of Antigua.

3 The other four appeals having been abandoned are accordingly dismissed.

4 The evidence discloses that one Rolston Pompey, a corporal of police, who was on 16th October stationed at the Parham police station, and Sergeant Mills, were in the police station at about 7.58 p.m. Pompey heard a loud noise of an engine and the screaming of tyres of a motor vehicle, and he ran to the front door of the police station where he saw a motor omnibus proceeding from east to west in the street. Suddenly it came to a halt. He admitted that at that stage he did not recognise the driver of the vehicle and he went back to the charge desk. About 25 seconds later the bus drove off and when he went back to the door he noticed that it was swerving from left to right on the road and proceeding from east to west in the said street; then it went out of his sight. About five minutes afterwards he heard the noise of the vehicle and he again went to the door and he observed bus H 1180 was still swerving from left to right while proceeding along Station Street. It went into an alley. It was then travelling at about 25 miles an hour. The bus came to a stop for about five minutes and then drove off from north to south in Station Street, turned left and proceeded from west to east. At that stage it was travelling about 15 miles an hour. As it got to the junction of Station Street and the Parham main road where there was a ‘stop’ sign, the vehicle did not pause at the ‘stops sign, but went right across the street and came to a stop on the other side of the road. The driver thus ignored the ‘stop’ sign,...