Dyall v Commissioner of Police

• Jurisdiction: Barbados
• Judge: Williams,Belgrave
• Judgment Date: 14 October 1988
• Court: Divisional Court (Barbados)
• Docket Number: No. 12 of 1986
• Date: 14 October 1988

Divisional Court

Williams, C.J.; Belgrave, J.

No. 12 of 1986

Dyall

and

Commissioner of Police

Appearances:

Sir Frederick Smith, Q.C. for the appellant

Miss D. Holder for the crown.

Criminal law - Road traffic offence — Whether appellant guilty of violation of Road Traffic Act, No. 40 of 1981, ss. 5, 38 and 39.

JUDGMENT OF THE COURT:

1 These are appeals by Josephus Dyall against decisions of the magistrate of District “E” Holetown.

2 The appellant was charged with two offences: (1) that on August 29th, 1986 about 8.15 a.m. begin the person driving a motor vehicle, a motor van registration number X.5352 on Lower Carlton Road, a road, unlawfully did use the said registration number on the said vehicle purporting to have been issued under section 5 of the Road Traffic Act, 1981-40. Refer to section 108 clause B; and (2) that on the said date at he said time unlawfully did use the said vehicle on Lower Carlton Road, a public road, where there was not in force in relation to the use of the vehicle by him a policy of insurance or such security in respect of third party risks as complied with the requirements of sections 38 and 39 of the said Act. Refer to section 37 (1).

3 The magistrate found the appellant guilty on both charges and fined him $200 payable in one month or one month's imprisonment on the first and on the second $150 payable in one month or 1 month's imprisonment with an order disqualifying him from holding or obtaining a driver's licence for twelve (12) months.

4 The evidence disclosed that the appellant first licensed his Datsun pickup on August 20th, 1984 and the registration number X.5352 was issued to him. On September 16th, 1986 this number was issued to another person, Murrell Burke. A police constable, Emmerson Scantlebury, testified that on August 29th, 1986 about 8.15 a.m. he saw the appellant driving a Datsun pick-up registration number X.5352 on Lower Carlton Road in the direction of Speightstown. There was no registration disc on the left hand side of the windscreen. He signalled the appellant to stop and he did so. He told the appellant that it was an offence not to have a registration disc affixed to the front of the vehicle. The appellant said, after caution, that the had not paid for it yet. The appellant was later charged with failing to pay the appropriate tax, having a fictitious number plate, failing to register the vehicle and using the vehicle without third party insurance.

5 The appellant cross-examined the constable who stated that he...