Hall v Harris

• Jurisdiction: Belize
• Court: Court of Appeal (Belize)
• Judge: Inniss, C.J.
• Judgment Date: 26 November 1970
• Neutral Citation: BZ 1970 CA 4
• Docket Number: Criminal Appeal
• Date: 26 November 1970

Court of Appeal

Inniss, C.J.

Criminal Appeal

Hall

and

Harris

Practice and Procedure - Appeal — Jurisdiction of Supreme Court to hear appeal from inferior court — Trial a nullity — Finding that where the reported decision of a magistrate was a nullity no appeal could lie from it to the Supreme Court.

Practice and Procedure - Courts Magistrate's Court

Facts: The Appellant was convicted on 2 separate charges of negligently and unlawfully causing harm under s. 87 of the Criminal Code, but the magistrate merely administered a caution and did not sentence the appellant. The question for determination by the court was whether the magistrate exceeded his jurisdiction

Held: A conviction without a sentence is bad and a nullity.

Inniss, C.J.

1 The magistrate recorded two convictions against the defendant under S. 87 of the Criminal Code for negligently and unlawfully causing harm to Hazel Hutchinson and Michael McKenzie, respectively, through the negligent driving of a motor vehicle namely motor Land Rover No....