Slack v The Traffic Commissioner

• Jurisdiction: Saint Kitts and Nevis
• Judge: Lewis, C.J.
• Judgment Date: 28 April 1972
• Neutral Citation: KN 1972 HC 8
• Docket Number: No. 1 of 1972
• Court: High Court (Saint Kitts and Nevis)
• Date: 28 April 1972

High Court

Lewis, C.J., and Glasgow, J.

No. 1 of 1972

Slack

and

The Traffic Commissioner

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

Mrs. M. Moore for respondent.

Criminal law - Appeal against conviction — Traffic offence.

Facts: The appellant was convicted of using a motor vehicle on a street without there being in force in relation to him an insurance policy in respect of third parties risks, contrary to section 3(1) of the Vehicle Insurance (Third Party Risks) Ordinance cap. 296. There was a policy of insurance in respect to the vehicle but not in relation to the appellant. Whether the appellant was guilty.

Held: That the trial judge's decision was correct since the appellant held no driver's licence and the policy would not have been effective in relation to a person holding no licence to drive.

Lewis, C.J.

1 The appellant was convicted on the 19th January, 1972 of the offence of using a motor vehicle namely, a lorry, on a street in Charlestown without there being in force in relation to him a policy of insurance in respect of third party risks contrary to section 3(1) of the Vehicles Insurance (Third Party Risks) Ordinance, Cap, 296. He was really convicted on his plea, having pleaded guilty when the charge was read out to him.

2 The facts as stated by the prosecuting officer and noted by the Magistrate were that he was found driving this vehicle and stopped. When questioned by the police officer he admitted that he had no licence to drive it: he said that he had been unable to find a driver for the lorry and took a chance to drive it on being faced with an emergency situation. He was sentenced to a fine of $100 and in default of payment three months imprisonment, and he was also disqualified in accordance with the...