Hazel v Licensing Authority

• Jurisdiction: Saint Kitts and Nevis
• Judge: Byron, J.A.
• Judgment Date: 22 March 1993
• Neutral Citation: KN 1993 CA 1
• Docket Number: Criminal Appeal No. 1 of 1993
• Court: Court of Appeal (Saint Kitts and Nevis)
• Date: 22 March 1993

Court of Appeal

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

Criminal Appeal No. 1 of 1993

Hazel

and

Licensing Authority

Appearances:

Mr. Vernon Viera, with him Mr. Lindsay Grant for the Appellant.

Mr. Malcolm Holdip, D.P.P. for Respondent.

Criminal law - Driving without due care and attention — No specific findings of fact — “Evidence adduced by the prosecution” open to finding favourable to appellant — Conviction unsafe and unsatisfactory.

Byron, J.A.

1 On 18th November, 1992 the learned Magistrate District “A' convicted the appellant for driving without due care and attention contrary to Section 53 of the Vehicles and Road Traffic Act Cap. 270.

2 This conviction arose out of a collision between the appellant who was reversing his motor car to leave the parking at the Baker and Kelly Building at George Street in Basseterre, St. Kitts and the virtual complainant who was driving his motor car to enter the parking lot from the said George Street.

3 Three versions of the facts were given. One by the virtual complainant, another by a passenger in the car both of whom were witnesses for the prosecution. The third version was given by the appellant himself.

4 The guilt of the appellant in this case was dependent upon the prosecution establishing that he had reversed his car from its position in the parking lot without ensuring that it was safe to do so. There was evidence from the passenger in the virtual complainant's car which suggested that it was the virtual complainant who was...