Cal v Montero, Noralez and Cayetano

• Jurisdiction: Belize
• Judge: Dickson, C.J.
• Judgment Date: 15 January 1974
• Court: Supreme Court (Belize)
• Docket Number: Revisional Order No. 1 of 1974
• Date: 15 January 1974

Supreme Court

Dickson, C.J.

Revisional Order No. 1 of 1974

Cal

and

Montero, Noralez and Cayetano

Criminal Law - Sentence — Stealing

Practice and Procedure - Courts — Magistrate's Court — Guilty Pleas

Facts: Conviction of three accused on charge of stealing — Sentence of imprisonment and probation order for one accused

Facts: Three accused — No record that each accused pleaded guilty

Held: That a probation order shall not be accompanied by a fine or a sentence of imprisonment — Convictions quashed — Sentences set aside — Re-hearing by magistrate ordered.

Held: Necessary for magistrate on a joint charge to indicate in no uncertain terms the plea of each defendant — Each accused made statement — Statements each showed that pleas of guilty equivocal — Convictions quashed — Sentences set aside — Re-hearing before magistrate ordered.

1 Errol Montero, Octavio Noralez and Jose Cayetano appeared before the Magistrate at Corozal in the Corozal Judicial District on a charge of stealing, contrary to section 154 (a) of the Criminal Code, Chapter 21. Montero was sentenced to two weeks' imprisonment with hard labour and in...