Stoute v Brathwaite

• Jurisdiction: Barbados
• Court: High Court (Barbados)
• Judge: Stoby, C.J.
• Judgment Date: 25 March 1962
• Neutral Citation: BB 1962 HC 3
• Date: 25 March 1962

High Court

Stoby, C.J., Field and Hanschell, P.J.

Stoute

and

Brathwaite

Mr. O.M. Browne for the appellant.

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

Criminal law - Autrefois acquit — Indictable offence triable summarily — Previous charge dismissed for want of jurisdiction.

Held: that the dismissal of the first charge for want of jurisdiction was not a dismissal which could in the circumstances be pleaded in bar in subsequent proceedings. Appeal allowed.

Stoby, C.J.

1 The respondent to this appeal was charged before a magistrate with stealing a bicycle, the property of one Shirley Green on August 18,1960. Simple larceny being a common law offence and not a statutory offence, no reference to any Act was or could be made. The magistrate commenced the hearing of the case as an indictable one. He was correct in so doing as s.35(1) of the Magistrate's Jurisdiction and Procedure Act, 1956, limits his power to hear and determine a charge of larceny to those charges where the value of the article alleged to be stolen does not exceed $50. While the second witness was giving evidence the magistrate acting under the authority of s.43 of the Act of 1956 asked the respondent whether he wished to be tried summarily. This course was permissible as s.43 of the Act gives a magistrate jurisdiction to hear and determine a charge of larceny with the consent of the accused if it is proved that the value of the article alleged to be stolen exceeds $50 but does not exceed $100. The respondent consented to be tried summarily, pleaded not guilty and the case proceeded. At the close of the case for the prosecution the hearing was adjourned to permit counsel for the respondent to attend. On the resumed hearing counsel appeared and applied to withdraw the respondent's plea of not guilty and substitute a plea of autrefois acquit. His application was granted and at the subsequent hearing it was proved that on October 29, 1960, the respondent was charged with stealing a bicycle valued $60 on August 18, 1960, the property of Shirley Green; that the same witness who gave evidence before the magistrate had given evidence before another magistrate on January 23, 1961; and at the conclusion of their evidence the previous magistrate had discharged the respondent for want of jurisdiction. The documents tendered show that on the same day that the previous magistrate discharged the respondent for want of jurisdiction he issued a summons against the respondent for the same offence. The magistrate upheld the plea of autrefois acquit and dismissed the charge. From this decision the prosecutor had appealed.

2 Counsel for the appellant submitted that the onus of proving the...