Hutchinson v Commissioner of Police

• Jurisdiction: Barbados
• Judge: Hanschell, J.,Williams, J.A.
• Judgment Date: 31 July 1970
• Court: Divisional Court (Barbados)
• Docket Number: No. 86 of 1969
• Date: 31 July 1970

Divisional Court

Hanschell, J.; Williams, J.A.

No. 86 of 1969

Hutchinson

and

Commissioner of Police

Appearances:

Mr. J.M.G. Adams for the appellant.

Mr. H.S.L. Moseley for the respondent.

Natural Justice - Right to be heard — Breach

Facts: The applicant's licence was suspended by a magistrate after the applicant was charged with driving while under the influence of drink — The applicant was not given a chance to be heard — Whether the decision could stand.

Held: That since the applicant was not given a chance to be heard the decision could not stand.

JUDGMENT OF THE COURT:

1 The appellant in this case appeared before a magistrate at District “A” charged with driving his motorcar on September 30, 1967 while under the influence of drink. He pleaded not guilty and trial of the matter was adjourned to a later date. The magistrate then proceeded to suspend the appellant's driving licence pending the determination of the charge. At this stage counsel for the appellant sought to argue against the suspension but the magistrate refused to disturb the order for suspension of the licence.

2 It is not in dispute that no evidence was led for the prosecution prior to the order suspending the licence and that no opportunity was given to the appellant to oppose the making of the order. Counsel submits that the magistrate improperly exercised his power.

3 The relevant provision of the Motor Vehicles and Road Traffic Act, 1937 No. 16 is s. 59 which is as follows:

• “59(1) If and when any person is charged with manslaughter arising out of the use of any motor vehicle or with contravening the provisions of sections 45 or 46 of this Act it shall be lawful for the Court to order the suspension of the driving licence of the person so charged pending the determination of the charge.

• (2) Any such licence so suspended shall forthwith be surrendered...