Carter v Commissioner of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Douglas, C.J.,Williams, J.
• Judgment Date: 27 September 1968
• Date: 27 September 1968

Divisional Court

Douglas, C.J.; Williams, J.

Carter

and

Commissioner of Police

Appearances:

Mr. H.B. St. John for the appellant.

Mr. D.K. Rawlins for the respondent.

Jurisdiction - Magistrates — Power to place persons on bond to keep peace and be of good behaviour — Accused acquitted of larceny — Order placing him on bond — Whether warranted in circumstances — Magistrates Jurisdiction and Procedure Act, 1956.

JUDGMENT OF THE COURT:

1 Last Friday we allowed the appeal in this case and we now proceed to give our reasons. The appellant was employed as a line-crewman by B.O.A.C. and his duties included the loading, off-loading and cleaning of planes. On February 18, 1968, he was seen to take six cartons of milk from the refrigerator on a plane which he had to clean, and was subsequently charged with larceny of the milk. The magistrate acquitted the appellant of this charge, giving as his reason that it was somewhat uncertain whether the appellant had actually removed the milk from the plane and so completed the act of larceny. However, the magistrate felt that in the circumstances it was a fit and proper case for the exercise of his discretion under s. 99 of the Magistrates' Jurisdiction and Procedure Act, 1956, No. 57:

“in order to bring home to the accused, and perhaps the witnesses as well, that such taking was actually against the law of this Island and not one of the fringe benefits attached to the job of cleaning the plane.”

2 The appellant was accordingly placed on a bond to keep the peace and be of good behaviour for a period of six months. The informant did not appeal in this case and therefore we are not called upon to adjudicate on the acquittal...