Guzman v Cal

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Dickson, C.J.
• Judgment Date: 30 November 1973
• Docket Number: Revisional Order No. 3 of 1973
• Date: 30 November 1973

Supreme Court

Dickson, C.J.

Revisional Order No. 3 of 1973

Guzman

and

Cal

Criminal Law - Sentence — Conviction for housebreaking

Facts: Magistrate imposed a fine and made a probation order — Practice for making probation order outlined — No record that mandatory requirements before making order complied with by Magistrate

Held: A probation order may not be accompanied by a fine — Order for probation set aside — Fine confirmed.

1 The defendant Michael Cal, 18 years of age, was on 10th October, 1973; convicted by a Magistrate at Orange Walk in the Orange Walk Judicial District of Housebreaking, contrary to section 199 of the Criminal Code. The trial Magistrate imposed a fine of $100 and $10 costs, or in default two months' imprisonment. In addition, the Magistrate made a Probation Order for one year and ordered the defendant to pay $25 compensation. In default of payment of compensation, he was ordered to undergo fourteen days' imprisonment. The defendant was given until 31st October, 1973, to pay the fine.

2 It is well settled law...