Commissioner of Police v Sealy

• Jurisdiction: Barbados
• Judge: Puisne, J.
• Judgment Date: 25 January 1985
• Docket Number: No. 15 of 1984
• Date: 25 January 1985
• Court: Divisional Court (Barbados)

Supreme Court — Divisional Court

Williams, J.A.; Husbands, J.A.

No. 15 of 1984

Commissioner of Police

and

Sealy

Appearances

Mr. Charles Leacock, Crown Counsel, for the appellant

Mr. D. Blackman for the respondent

Criminal law - Indecent language — Respondent was charged with using obscene language on the public highway contrary to the Highways Act, Cap. 289, section 44(1) — Whether the respondent had used such language in accordance with the meaning of the statute — Respondent had used the words alleged at a public meeting when addressing the crowd — Respondent explained to the Court that he had merely repeated the words which were used in the summons against him — Magistrate dismissed the information on the ground that the manner in which the words were used did not amount to a use in itself or a fresh use that if convicted for their use the respondent would have been twice convicted for use of same words — Commissioner of Police appealed — Court found that the second use of the words was obscene within the meaning of the section — Every deliberate and intentional use of the offending words was in contravention of the section and would constitute a separate offence and the offender cannot repeat the words with impunity under the guise of repeating words in a summons.

Puisne, J.

1 Subsection (1) of section 44 of the Highways Act Cap. 289 makes the following provision—

• “44. (1) Any person who on or near a highway or in any public place, or on or near to any road over which the public are allowed to pass, makes use of obscene or indecent language, or blackguards, swears, quarrels or makes or causes to be made any disturbance or annoying noise may be apprehended without warrant by a Justice of the Peace, police constable or parish constable and shall be liable on conviction before a magistrate of the district to a fine of ten dollars or to imprisonment for one month; … … … .”

2 The respondent appeared before a magistrate to answer an information brought by the Commissioner of Police in which he was charged that on the 7th of April, 1983 he made use of obscene language on Rogers Road, The Ivy, a highway. He was charged with using these words—

“The cunt that is at Government House, the cunt that is Governor General took away the appointment of Senator and then the cunt another few days gave back the same man his job, yah don't see he is a stinking cunt.”

3 The respondent pleaded not guilty and Sergeant Rodney Sargeant of the Royal Barbados Police Force testified that on the 7th of April, 1983 about 8.40 p.m. the respondent was addressing a public meeting held by the Peoples Pressure Movement at Rogers Road, The Ivy, St. Michael; that he told the people that he had that afternoon received a summons from the district “E” Court in which he was charged for making use of obscene language; and that he then repeated the words which he was alleged in he summons to have used. The officer testified that the words which the respondent used were those set out in the information before the Court and that, when. the respondent used those words, he was on Rogers Road, a highway.

4 A no case submission was rejected by the magistrate who ruled at the words were obscene and called for a defence. The respondent's evidence was as follows. On the night in question the Peoples Pressure Movement of which he was the leader, held a public meeting on Rogers Road. The previous week he had faced a charge in the magistrate's court and several people asked him what he was charged for. It became impossible to deal with them individually and he told them that he was charged for using indecent language about the Governor General and read out the information, which he had memorised. He had no intention of being disrespectful to the Governor General of Barbados but in the light of his being part of (sic) taking away Leroy Sisnet's post as Parliamentary Secretary in one week and giving it back to him the next week without an explanation to the people of Barbados (he) was...