R v Panton & Sons

JurisdictionJamaica
Judge(Carberry and Rennie, JJ. and Clare, Ag. J.)
Judgment Date01 April 1955
CourtCourt of Appeal (Jamaica)
Date01 April 1955
Court of Appeal of Jamaica

(Carberry and Rennie, JJ. and Clare, Ag. J.)

R.
and
J.A. PANTON & SONS

N. Manley, Q.C. for the appellant;

L Robinson for the Crown.

Case cited:

(1) Leeson v. General Council of Medical Educ. & RegistrationELR(1889), 43 Ch. D. 366, dictum of Bowen, L.J. applied.

Legislation construed:

Cayman Islands Appeal Regulation Law, 1918 (Law 5 of 1918), s.2: Any person aggrieved or affected by any judgment of any Justice or Justices exercising jurisdiction in Petty Sessions or in the Petty Courts of the Islands or otherwise may appeal therefrom to the Grand Court.

Act for the Government of the Cayman Islands 1863 (United Kingdom, 26 & 27 Vict., c.31), s.2: The relevant parts of this section are set out at page 18, lines 3738.

s.3: The relevant parts of this section are set out at page 18, line 39 page 19, line 9.

s.8: The relevant parts of this section are set out at page 19, lines 1121

Courts-Court of Appeal-appeals from Petty Sessions Court-under Act for the Government of the Cayman Islands, 1863, s.8, right of appeal from Petty Sessions Court to Court of Appeal unless restricted by local legislation-Cayman Islands Appeal Regulation Law, 1918 regulates appeals to Grand Court and not Court of Appeal

Criminal Procedure-fair trial-bias-breach of natural justice for prosecutor to judge cause-criminal proceedings instituted by Commissioner as Collector General cannot be heard by him

The appellants were charged in a Petty Sessions Court with using an unlicensed truck on the public roads of Grand Cayman.

The proceedings were instituted by the Commissioner, as Collector General, who then presided over the hearing acting as a justice of the peace. The appellants unsuccessfully objected to the Commissioners sitting on the court on the basis that he was their accuser and they were convicted and fined. On appeal to the Grand Court, the conviction was upheld but the fine reduced.

On further appeal, the appellants submitted that (a) under the imperial Act for the Government of the Cayman Islands, 1863, s.8, the Court of Appeal of Jamaica, as part of the Supreme Court of Jamaica, had

jurisdiction to entertain an appeal from the decision of justices in the Cayman Islands and this jurisdiction had not been limited by local legislation or regulation; and (b) it was repugnant to the principles of natural justice tor the appellants accuser to judge their cause and consequently the conviction should be set aside.

The Crown submitted in reply that the appellants had a right...

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