Carter v Commission of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Douglas, C.J.,Williams, J.
• Judgment Date: 15 February 1974
• Docket Number: No. 40 of 1970
• Date: 15 February 1974

Divisional Court

Douglas, C.J.; Williams, J.

No. 40 of 1970

Carter

and

Commission of Police

Appearances:

Sir Theodore Brancker, Q.C., for the appellant.

C. Payne for the respondent.

Criminal Law - Appeal against conviction — Traffic Offence.

Facts: The appellant was convicted for dangerous driving — The issues were whether a statement given to the police by the appellant should not have been admitted as evidence by the court and whether the admission of the statement invalidated the conviction.

Held: The court found that the procedure followed by the defence was groundless and without precedent and that nevertheless it did not invalidate the conviction — Appeal dismissed.

JUDGMENT OF THE COURT:

1 The appellant was convicted by a Magistrate sitting at District “A” for driving his motor car M.9818 in a manner dangerous to the public, contrary to Section 4 of the Motor Vehicles and Road Traffic Act, 1937.

2 The principal witness for the prosecution was walking on Mapp Hill road, pushing his bicycle when he was struck from behind by the motor car driven by the appellant. He said he first became aware of the presence of the motor car when he heard the squeal of tyres and looked back to see a motor car swerving from side to side in the road. After the accident the car ended up on the opposite side of the road where it crashed into a wall.

3 At the close of the...