Hoyte v Commissioner of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Douglas, C.J.,Husbands, J.
• Judgment Date: 23 July 1982
• Docket Number: No. 47 of 1982
• Date: 23 July 1982

Divisional Court

Douglas, C.J., Husbands, J.

No. 47 of 1982

Hoyte

and

Commissioner of Police

Mr. F.G. Smith, Q.C. for the appellant.

Mr. Odel Adams for the respondent.

Practice and procedure - Magistrate's Court — Defective notes of proceedings

JUDGMENT OF THE COURT:

1 This is an appeal against a conviction recorded in the Magistrate's Court of District “A” on the 19th of November, 1981.

2 The appellant was charged that on the 11th of July, 1981 he stole a clock of the value of fifty-three dollars and twenty-five cents, the property of Louis Bayley and Sons Limited within the jurisdiction of the Magistrate of District “A”.

3 The reference to the statute under which he was charged is set out in the record as Section 36 Subsection 5 of the Magistrate's Jurisdiction and Procedure Act, Chapter 116 amended by the Administration of Justice Miscellaneous Provisions Act, 1979-33.

4 The record also discloses that the conviction recorded by the Magistrate, His Worship Mr. A.K. Walcott, and signed by him contains the entry “Refer to Section 36 Subsections of the Magistrate's Jurisdiction and Procedure Act, Chapter 116 as amended by the Administration of Justice Miscellaneous Provisions Act, 1979-33.

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