Irish et Al v Chief of Police

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Lewis, C.J.
• Judgment Date: 17 March 1970
• Neutral Citation: AG 1970 CA 3
• Docket Number: Criminal Appeal No. 1 of 1970
• Date: 17 March 1970

Court of Appeal

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

Criminal Appeal No. 1 of 1970

Irish et al

and

Chief of Police

Appearances:

G.A. Watt for appellant Irish

F.A. Clark, for appellants George and Richards

N. Jacobs, Acting Attorney General, with D. Cenac, Legal Assistant, for the respondent.

Practice and procedure - Joint trials — Whether the three appellants should be tried jointly.

Facts: Evidence revealed that the three appellants were arrested and charged with 3 different transactions. There was no evidence that they were engaged in one transaction. The judge heard the three cases together and convicted them.

Held: The trial was a nullity. Appeals allowed, cases remitted to be tried separately.

Lewis, C.J.

1 The three appellants were arrested and charged in respect of three different transactions. They were not arrested together; they were arrested separately. They were charged in respect of three different transactions: two for being persons removing smuggled goods and the third for being a person concerned in smuggling. There was no evidence that they were engaged in one smuggling transaction.

2 ...