Chief of Police v Francis

• Jurisdiction: Saint Kitts and Nevis
• Judge: Lewis, C.J.
• Judgment Date: 27 April 1972
• Neutral Citation: KN 1972 CA 2
• Docket Number: No. 2 of 1972
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 27 April 1972

Court of Appeal

Lewis, C.J., Lewis, J.A., Bernard, J.A.

No. 2 of 1972

Chief of Police

and

Francis

H.M. Squires (Director of Public Prosecutions) for appellant.

Mrs. M. Moore for respondent.

Practice and procedure - Appeals — Whether appeals from the Magistrate's Court can side step the High

Facts: The appellant, aggrieved by a decision of a magistrate filed an appeal straight to the Court of Appeal, without reference to the high court.

Held: That the appeal should be struck out since under section 22(4) of the Courts Order 1967 an appeal lay to the high court from a decision of a magistrate.

Lewis, C.J.

1 In this case the appellant desired to appeal from a decision of a Magistrate and the Notice of Appeal dated 19th February, 1972 said That the appellant proposed to appeal to this Court. In due course the Magistrate transmitted the relevant papers to the Registrar of the Court of Appeal.

2 Under section 22(4) of the Courts Order 1967 until such time as other provision is made in that behalf by any law in force in a State an appeal shall lie to the High Court from the decision of a Magistrate in that State in any case where an appeal would have lain to the Court of Appeal of the Windward Islands and Leeward Islands if the Order of 1959 had not been revoked. Mr. Squires who appears for the appellant has admitted that the...