Commissioner of Police v Ally

• Jurisdiction: Barbados
• Judge: Williams, C.J.,Belgrave, J.
• Judgment Date: 22 June 1990
• Court: Divisional Court (Barbados)
• Docket Number: No. 60 of 1990
• Date: 22 June 1990

Divisional Court

Williams, C.J.; Belgrave, J.

No. 60 of 1990

Commissioner of Police

and

Ally

Appearances:

Mr. Charles Leacock, Senior Crown Counsel for the appellant.

Mr. Alair Shepherd in association with Mr. Leslie Haynes for respondent.

Criminal law - Illegally attempting to export money out of Barbados — Appeal by Commissioner of Police against the dismissal by Chief Magistrate of information — Information bad — Appeal dismissed.

JUDGMENT OF THE COURT:

1 This is an appeal by the Commissioner of Police against the dismissal by the chief magistrate of an information brought against the respondent Reza Ally for a breach of Section 100 of the Customs Act Chapter 66. The information reads as follows:

“The informant informs against the accused for that the said accused on the 12th day of April, 1989 at the parish of Christ Church within the jurisdiction of the magistrate for District “B” was concerned in an attempted exportation of certain goods, namely foreign currency amounting to United States (Notes) $56,090.00 and local currency amounting to Barbados (Notes) $20,000.00, with intent to evade the prohibition on the exportation of such Notes imposed by section 25 (1) (a) of the Exchange Control Act, Chapter 71.

Contrary to section 100 of the Customs Act, Chapter 66.”

2 The chief magistrate held that the information as it stood was bad and dismissed it when, in his words, an opportunity to amend was not taken up by the prosecution. Section 25 (1) (a) of Part V of the Exchange Control Act enacts, inter alia, that the exportation from the Island of any notes of a class which are or have at any time been legal tender in the Island or in any other country is prohibited except with the permission of the Exchange Control Authority.

3 The fourth Schedule to the said Act provides for the enforcement of its provisions and paragraph 1 of Part III of the schedule enacts that the enactments relating to customs shall, subject to such modifications, if any, as may be prescribed to adapt them to the Act, apply in relation to anything prohibited to be imported or exported by any of the provisions of Part V of the Act except with the permission of the Exchange Control Authority, as they apply in relation to goods prohibited to be imported or exported by or under any of the said enactments. The paragraph goes on to provide that any reference in the enactments relating to customs is to be construed as including a reference to anything prohibited to be imported or exported by any of the provisions of Part V except with the permission of the Exchange Control Authority. The paragraph concludes by making it clear that references to the enactments relating to customs include references to the Customs Act.

4 Section 69 of the Customs Act enacts, inter alia, that any person who is concerned in the exportation of any goods prohibited to be exported or any goods the exportation of which is restricted contrary to such restriction,...