Morgan v Blaize

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Louisy, J.
• Judgment Date: 28 July 1967
• Neutral Citation: AG 1967 CA 7
• Docket Number: Criminal Appeal No. 2 of 1966
• Date: 28 July 1967

High Court

Louisy, J.

Criminal Appeal No. 2 of 1966

Morgan

and

Blaize

Appearances:

C.E. Hewlett for appellant

Legal Assistant for respondent

Road traffic - Dangerous Driving — Vehicle and Road Traffic Ordinance, 1946 s.52.

Facts: The appellant was found guilty of dangerous driving and disqualified for holding a driver's licence for six months. The question was whether the evidence supported the conviction.

Held: It was the other vehicle, which was on the wrong side of the road when the accident occurred. Conviction quashed. Appeal allowed.

Louisy, J.

1 In this case the appellant was charged with dangerous driving contrary to section 52 of the Vehicle and Road Traffic Ordinance, 1946. The magistrate convicted him of the offence charged and imposed a fine of $60.00 and further disqualified him from holding a licence for 6 months.

2 The appellant's grounds of appeal are –

• (a) the judgment was based on a wrong principle that the Vernor's Road and the Pares Village Road are two roads, and

• (b) the decision is unreasonable and cannot be supported having regard to the evidence.

3 The facts are briefly that on 27th August 1965 about 5 p.m., the police van No. A.G. 666 was travelling on the Vernon's road in the direction of Freeman's Village on the 2111 Saints Road. The appellant's motor wagon was travelling on the Pares Village road coming towards St.John's, travelling from St.John's both roads branch off the Vernon's road, the All Saints Road goes to the right and the Pares Village road goes to the left. At a certain point on the Vernon's Road closer to the appellant's left side of the road the two vehicles collided. The police van struck the right fender of the appellant's motor wagon.

4 Counsel for the appellant argued that the Pares Village Road is a continuation of the Vernon's Road — a main road — while the All Saints Road is a secondary road, it was therefore the duty of the driver of the police van to have stopped and allow the appellant's vehicle to continue on the Vernon's Road, instead of that it proceeded on its way and collided with the appellant's vehicle.

5 An important point to be determined is whether the Pares Village road and/or the All Saints Road is a main road.

6 There is nothing in the evidence to assist us to answer this question. Reference to the Public Works and Roads Ordinance, will indicate that the All Saints Road to Vermont s Road is a class 2 road- a...