Codrington v Lynch

• Jurisdiction: Barbados
• Judge: Field. J.,Stoby, J.
• Judgment Date: 06 February 1959
• Neutral Citation: BB 1959 HC 5
• Date: 06 February 1959
• Court: High Court (Barbados)

High Court

Field. J.; Stoby, J..

Codrington

and

Lynch

Appearances:

J.E.T. Brancker for the appellant.

G.E. Wellington for the respondent.

Road traffic - Exceeding speed limit — Notice of intended prosecution sent to incorrect address.

Judgment of the Court:

1 This is an appeal from the decision of a magistrate sitting at District E convicting the appellant, Seymour Codrington, for driving a motor vehicle at a speed greater than the speed specified in the Motor Vehicles and Road Traffic Regulations 1952 contrary to section 44(1) of the Motor Vehicles and Road Traffic Act 1937.

2 Section 48 of the Act states that where a person is prosecuted for an offence relating to the maximum speed at which a motor vehicle may be driven he shall not be convicted unless either (a) he was warned at the time the offence was committed that the question of prosecuting him for an offence under one or other of sections 44, 45, 46 and 47 would be taken into consideration, or (b) within fourteen days of the commission of the offence a summons for the offence was served on him, or (c) within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the vehicle at the time of the commission of the offence. There is a proviso to section 48 to which reference will be made in a moment.

3 The evidence established that the appellant was not warned at the time nor was the summons served on him within fourteen days of the commission of the offence but in an effort...