Grimes v Commissioner of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Douglas, C.K.,Williams, J.
• Judgment Date: 23 May 1969
• Date: 23 May 1969

Divisional Court

Douglas, C.K.; Williams, J.

Grimes

and

Commissioner of Police

Appearances:

Mr. J.E.T. Brancker, Q.C. for the appellant.

Mr. C.S. Payne for the respondent.

Road traffic - Obstruction — Charge of driving from one road into another when this could not be done without obstructing traffic.

JUDGMENT OF THE COURT:

1 The appellant was on October 11, 1968, convicted by the magistrate at District “E” for unlawfully driving his car from one road into another road when he could not do so without obstructing other traffic. He was fined 40.00 payable in seven days with the alternative of a month's imprisonment and an order was made for the endorsement of his licence. He appealed to this court.

2 One of the grounds of appeal was that the appellant was not guilty and this permits the sufficiency of the supporting evidence to be challenged. This was the substantive matter argued on the appeal. Before the magistrate the defence rested on a no case submission and from the evidence led by the respondent the magistrate found that –

• (i) there was an accident between the two cars S. 944 and S. 920 on May 13, 1968, at the Garden Road, St. James;

• (ii) the appellant was the driver of car S. 944; and

• (iii) car S. 920 was being driven along Highway No. 1 on its left and proper side.

3 The magistrate proceeded on these lines. Since car S. 920 was proceeding along a highway, it had precedence over any vehicle coming from a side road on to the highway. He accepted the evidence for the respondent that car S. 944 had, prior to the impact, emerged from Reid's Gap, a side road, on to Highway No. 1. The magistrate further took into consideration the evidence that the distance between the point of impact, as pointed out by the appellant, and Reid's Gap, was about 18ft. 7ins. and inferred...