Samuel v Chief of Police

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: St. Bernard, J.A.
• Judgment Date: 16 June 1970
• Neutral Citation: AG 1970 CA 8
• Docket Number: Criminal Appeal No. 5 of 1970
• Date: 16 June 1970

Court of Appeal

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

Criminal Appeal No. 5 of 1970

Samuel

and

Chief of Police

Road traffic - Improper parking — Road Traffic and Vehicle Regulations (Cap. 283).

Facts: The issue was whether sentence was unduly severe for an improper parking offence. Evidence revealed that the appellant was fined $55 for each of two offences of improper parking.

Held: Appellant had no previous convictions and the sentence was too severe. The fine was replaced by a reprimand. Appeal allowed.

1 St. Bernard, J.A. (Ag.): The appellant was charged separately with two offences which were tried together under section 30 of the Magistrate's Code of Procedure Act (Cap. 48) of the Laws of Antigua.

2 The first offence was for parking a vehicle numbered A. G. 5671, within 30 ft. from the corner of Church Street and Newgate Alley contrary to regulation 19 (5) (i) of the Road Traffic and Vehicles Regulations (Cap. 283) of the Revised Laws of Antigua, and the second offence was for parking the said vehicle alongside another vehicle on Church Street, contrary to regulation 19 (5)(J) of the said Regulations.

3 The appellant was convicted of both these offences and a fine of $55, in respect of each offence, was imposed and in default of payment, imprisonment for one month.

4 Appeals were brought against the sentence in each case and the ground of appeal was the same, namely –

“that the sentence was unduly severe”.

5 Before this Court counsel for the appellant elected to pursue the appeal numbered 984/69 and asked leave to withdraw the appeal numbered 983/69 in view of the fact that only one recognisance was filed in respect of both...