Bowen v Anthony

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Alcantara, J.
• Judgment Date: 02 October 1981
• Docket Number: Appeal No. 6 of 1981
• Date: 02 October 1981

Supreme Court

Alcantara, J.

Appeal No. 6 of 1981

Bowen

and

Anthony

Mr. D. R. Lindo, for the appellant

Mr. G. Gandhi, for the respondent

Practice and procedure - Magistrate's Court — Magistrate misapplying the law and taking into consideration irrelevant matters — Magistrate misdirecting himself as to onus of proof — Magistrate making a conviction under a wrong law — Whether conviction could be saved by Appeal Court (Supreme Court) substituting its own verdict under Section 139(1) of Supreme Court Ordinance — Discretion of the court to substitute its own verdict — Court refusing to exercise discretion.

Alcantara, J.

1 This is an appeal from the Inferior Court of the Belize Judicial District. The appellant was convicted of wantonly throwing a missile, to wit, a stone to the danger of P.C. Anthony on the 17th March, 1981, contrary to section 4 (1)(xv) of the Summary Jurisdiction Ordinance. He was convicted on the 5th June, 1981 and fined $45.

2 The appellant now appeals on the following grounds:

1

The magistrate took extraneous matters into consideration. 2. The decision was based on a wrong principle. 3. The decision is unreasonable and cannot be supported having regard to the evidence. 4. The decision was erroneous in point of law inasmuch as the Magistrate wrongly applied section 58 of Chapter 24. (a) the complaint was based on Chapter 23; the Defendant was found guilty under Chapter 21, and (b) the offence as contained in the complaint does not include the commission of the offence found by the magistrate.

3 In the court below P.C. Anthony gave evidence that on the 17th March, 1981 he was patrolling in a landrover with Sgt. Segura as the result of a civil disturbance. The vehicle stopped, Anthony got out. He said he saw the appellant throw a stone towards him and that the stone hit him on his right foot. Thereupon he went up to the appellant and arrested him.

4 The only other witness was the appellant himself who denies ever throwing a stone, and alleges that he was wrongly arrested and certainly not in the place where P.C. Anthony says he was arrested.

5 I think it is proper for me to read the reasons for decision of the magistrate in full:

“In this case there is only one witness for the prosecution and the defendant's version of what happened on 17th March, 1981. The defendant giving sworn testimony did not impress me as a truthful witness. He was caught twice in cross-examination...