Kirton Charles Appellant v Joseph E. Byron (Supt. of Police) Respondent [ECSC]

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Lewis, C. J
• Judgment Date: 26 May 1968
• Judgment citation (vLex): [1968] ECSC J0526-1
• Docket Number: (On Appeal from the Magistrate's Court, District "B") Criminal Appeal No. 4/1968.
• Date: 26 May 1968

[1968] ECSC J0526-1

WEST INDINS ASSOCIATED STATES

IN THE HIGH COURT OF JUSTICE

Before:

The Honourahle the Chief Justice

The Honourahle Mr. Justice Glasgow

C.E. Hewlett for the Appellant

Charlesworth Ross, Acting Legal Assistant, for the Respondent.

(On Appeal from the Magistrate's Court, District "B") Criminal Appeal No. 4/1968.

Kirton Charles

Appellant

and

Joseph E. Byron

(Supt. of Police)

Respondent

1 The Judgment of the Court was delivered by— Lewis, C. J.

2 Section 58 of the Vehicles and Road Traffic Ordinance (Cap. 283) prescribes the procedure which must he adopted if the Magistrate on the hearing of a case of dangerous driving comes to the conclusion that there is a case for the Deferce to answer on careless driving hut not on dangerous driving. He must then direct or allow a charge of careless driving to he preferred and he may proceed to hear it, hut he must inform the Defendant of the new charge and give him an opportunity to cross-examine any witnesses who have already given evidence if he so desires. In this case, this procedure...