Austin v Commissioner of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Douglas, C.J.
• Judgment Date: 02 January 1981
• Docket Number: 15 of 1979
• Date: 02 January 1981

Divisional Court

Douglas, C.J.; Williams, J.

15 of 1979

Austin

and

Commissioner of Police

Appearances:

Mr. R.L.M. Clarke for the appellant.

Mr. Garvey Husbands for the respondent.

Practice and Procedure - Courts — Magistrates' Court — Appeal to Divisional Court — Court, in giving judgment, empowered by s.153(2)(d) of the Magistrate's Jurisdiction and Procedure Act, Cap. 111 to make such other order for disposing of case as justice may require — Order made varying sentence which exceeded power of magistrate

Douglas, C.J.

1 this is an appeal from an order committing the appellant to prison for contempt of court. On the 19 ^th of February, 1979 the appellant and two others appeared before the learned magistrate at Distract “C” on a charge of larceny in a dwelling house. When the charge was read out the appellant began to swear and to behave badly. The magistrate warned him that he might be prosecuted for contempt and after a short adjournment the court was re-convened and the appellant was asked whether he would apologise. The appellant said he had nothing to apologise for, where upon the magistrate embarked on the trial of an information which he had invited the police to lodge, and which charged the appellant with using indecent language in the District “C” Magistrate's Court contrary to section 122(1) of the Magistrates Jurisdiction and Procedure Act, Cap. 116.

2 Section 122(1) of the Act provides that certain types of conduct relating to the administration of justice in proceedings before magistrates shall be deemed to be offences under the Act. Included are:

• “(a) indecent, violent, insulting, abusive or threatening language used in court or addressed to any magistrate in court…”

3 and

• “(d) wilfully interrupting or obstructing any proceedings of the court or any other misbehaviour in court.”

4 The appellant pleaded ‘Not Guilty’ to the charge and two members of the police force who had been present in court gave evidence, as did the appellant. The magistrate at the conclusion of the evidence found the appellant guilty and sentenced him to thirty days' imprisonment.

5 In an affidavit sworn by he superintendent of Prisons it is stated that the appellant was detained at Glendairy Prison on a warrant dated the 19 ^th February, 1979 remanding him on a charge of shooting with intent. The Superintendent further states:

• “3. That on the said 19 ^th of February, 1979 another warrant was received at Glendairy Prison from the said Magistrate. This warrant purported to authorise the imprisonment of the said Anthony Austin for a term of 30 days for an offence under section 122(1) of the Magistrates Jurisdiction and Procedure Act, Cap 118 of the Laws of Barbados for which the said Anthony Austin was convicted by the said Magistrate on the said 19 ^th day of February, 1979.

• 4. That the warrant referred...