Hall v R

JurisdictionJamaica
JudgeCools-Lartigue J.
Judgment Date03 July 1961
Neutral CitationJM 1961 CA 2
CourtCourt of Appeal (Jamaica)
Date03 July 1961

Court of Appeal

Cools-Lartigue, J.A.; Semper, J.A., Duffus, J.A.

Hall
and
R
Appearances:

Coore Qc for the appellant

FG Smith for the Crown

Road traffic - Order for disqualification from holding a driver's licence — Appeal pending — No suspension of order pending appeal — Second offence while disqualified — Road Traffic Law, Cap.346 [J].

Cools-Lartigue J.
1

This matter has come before us as a case stated by the learned Chief Justice for the opinion of this Court under s 49of the Justices of the Peace (Appeals) Law, Cap 187 [J].

2

The facts as set out in the case stated may be summarised as follows:

  • ‘1. On 30 March 1960, the appellant was convicted by the Resident Magistrate, St Catherine, sitting in Petty Sessions, on a charge of dangerous driving of a motor vehicle and was fined. He was also disqualified from holding or obtaining a driver's licence for 5 years from the date of conviction.

  • 2. On 7 April 1960, the appellant filed notice of appeal against both conviction and sentence. A certificate of conviction which purported to have been drawn up on the date of conviction was served on the appellant on 4 November 1960. On November 16 he filed grounds of appeal and on 19 November 1960, he entered into a recognisance to prosecute his appeal. This appeal was dismissed on 25 January 1961, and no question arises on it.

  • 3. On 22 May 1960, the appellant was seen driving a motor vehicle and on 26 May 1960, an information was laid against him for driving the motor vehicle whilst being a person disqualified from holding or obtaining a driver's licence.

  • 4. On 6 July 1960, he was convicted on that charge and sentenced to a term of imprisonment and was disqualified from holding or obtaining a driver's licence for a period of 15 years. He appealed against conviction and sentence.’

3

At the hearing of the appeal before the learned Chief Justice it was argued as a preliminary point that the appellant was not disqualified on the day he drove the car, namely 22 May 1960, and could not be convicted on the information as charged.

4

The following question is posed for the opinion of this court: was the appellant on 22 May 1960, when he was seen driving a motor vehicle, a person who was disqualified from holding or obtaining a driver's licence to drive a motor vehicle?

5

Learned counsel for the appellant submitted that once there has been an appeal there is an automatic stay of execution and the order of disqualification from holding or obtaining a driver's licence is ineffective until the appeal is heard and disposed of.

6

The relevant sections of the Justices of the Peace (Appeals) Law, Cap.187 [J], which may be said to bear on this question are:

‘6. The appellant shall, either during the sitting of the Court or other tribunal at which such judgment, decision, or report as aforesaid is delivered give verbal notice of appeal or at any time within fourteen days after such judgment, decision, or report delivered give a written notice of his intention to appeal to the adjudicating Justice or other officer or body as aforesaid, and to the respondent; and in either case shall, within such period of fourteen days, deliver to the Clerk of the Resident Magistrate's Court or other proper officer, and also to the respondents, the grounds in writing of his appeal:

Provided, that the time shall not commence to run in the case of an affirmative judgment until the copy of...

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