Casey v James

• Jurisdiction: Saint Kitts and Nevis
• Judge: Floissac, C.J.
• Judgment Date: 23 March 1993
• Neutral Citation: KN 1993 CA 3
• Docket Number: Magisterial Criminal Appeal No. 7 of 1993
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 23 March 1993

Court of Appeal

Floissac, C.J.; Byron, J.A.; Liverpool, J.A.

Magisterial Criminal Appeal No. 7 of 1993

Casey

and

James

Appearances:

Dr. Henry L. Browne for the Appellant.

Mr. Hesketh W. Benjamin for the Respondent.

Criminal law - Autrefois acquit — Two complaints — First dismissed for want of prosecution — Second heard and dismissed — On appeal held that dismissal for autrefois acquit was erroneous as there was no proof that the first complaint was the same as the second complaint and the first complaint had not been adjudicated on its merits — Second complaint could not be said to be an abuse of process — case remitted to magistrate to complete the adjudication of the second complaint.

Floissac, C.J.

1 The appellant filed two complaints against the respondent in the Magistrate's Court District “A”. The first (Complaint No. 560 of 1992) was filed on the 28th of August, 1992 and the second (Complaint No. 638 of 1992) was filed on the 13th of October, 1992.

2 On the 6th October, 1992 the learned Magistrate dismissed the first complaint for want of prosecution. On the 1st December, 1992 the learned Magistrate heard the evidence of the appellant on the second complaint and dismissed the second complaint on the grounds that it was previously dismissed and it was an abuse of the process of the Court. The appellant has appealed against the dismissal of the second complaint.

3 To the extent to which the dismissal of the second complaint is based on “autrefois acquit”, the dismissal is erroneous for...