Hutchinson v Commissioner of Police

• Jurisdiction: Barbados
• Court: Divisional Court (Barbados)
• Judge: Hanschell, J.,Williams, J.A.
• Judgment Date: 31 July 1970
• 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.

Criminal Law - Appeal — Traffic Offence

Fact: The appellant was charged with driving his car while under the influence of drink, contrary to s. 59 (1) of the Motor Vehicles and Road Traffic Act, 1937 — The appellant pleaded not guilty and the matter was adjourned for trial at a later date — The magistrate then suspended the appellant's driver's licence pending determination of the charge — No evidence was led for the prosecution and no opportunity was given to the appellant to be heard — Whether the order of the magistrate could stand.

Held: That the order would be set aside since the appellant was not heard.

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...