Mills v Byron

• Jurisdiction: Antigua and Barbuda
• Court: High Court (Antigua)
• Judge: Lewis, C.J.
• Judgment Date: 26 September 1968
• Neutral Citation: AG 1968 HC 5
• Docket Number: Criminal Appeal No. 7 of 1968.
• Date: 26 September 1968

High Court of Justice

Lewis, C.J., Glasgow, J.

Criminal Appeal No. 7 of 1968.

Mills

and

Byron

Appearances:

L.H. Lockhart for the appellant

Charlesworth Ross, Acting Legal Assistant, for the respondent

Practice and procedure - Sentencing — Magistrates Code of Procedure Act, Cap. 48, s.109, 113

Facts: The issue was whether the judge erred in ordering the appellant to pay a fine forthwith. Evidence revealed that the appellant, 18 years old, pleaded guilty to driving (a) without a licence and (b) without insurance. The judge fined him and ordered that it be paid forthwith. It expressly forbids the imprisonment of anyone for default of such payment unless these guidelines are followed.

Held: The judge did not act in accordance with s.113. Further, the court frowns on s

Lewis, C.J.

1 In this case, the appellant was charged with driving a motorcar without being licensed to drive. The case vas heard on the 18th of July this year. He pleaded guilty and he was fined $60.00, and in default a sentence of three months imprisonment with hard labour, was ordered. At the same time, he was charged in respect of the same incident with the offence of driving without having the requisite policy of insurance in force. He also pleaded guilty to that charge and he was fined $100.00 or two months imprisonment and was disqualified from holding or obtaining a driver's licence for twelve months. In both cases, according to the record, he was ordered to pay these sums forthwith; no time was allowed.

2 The appeal is in respect of the licence case and an affidavit has been put in, which the court was told has been served on the magistrate, in which it is stated that he was given 14 days to pay, in the insurance case, and that he asked for time to pay in the driver's licence case but the magistrate without stating any reasons, ordered to pay forthwith. There is nothing in the record to indicate that this affidavit has been served on the learned magistrate but learned counsel at the Bar stated that he was so served last week Saturday, it couldn't be Saturday as this affidavit is dated the 23rd.

3 The magistrate's notes on these two cases are extremely bare; they comprise just a few lines.

“Mr. Lockhart for defendant; case No. 226/68 (which is the insurance case) Plea-Guilty; fined $100.00 or two months; defendant disqualified from holding or obtaining a driver's licence for 12 months. Case No. 227/58; Plea - Guilty; fined...