Young v Swazo

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Dickenson, C.J.
• Judgment Date: 29 November 1973
• Docket Number: Revisional Order No. 1 of 1973
• Date: 29 November 1973

Supreme Court

Dickenson, C.J.

Revisional Order No. 1 of 1973

Young

and

Swazo

Criminal Law - Escape from lawful custody

Jurisdiction - Courts — Magistrate's Court — Jurisdiction

Facts: Defendant convicted under s. 301 (b) Criminal Code, Cap. 21 — Magistrate had no jurisdiction to try an offence under section 301 of Criminal Code. Trial a nullity

Facts: Defendant convicted on charge of escape from lawful custody contrary to s. 301 (b) Criminal Code, Cap. 21 — No jurisdiction for magistrate to proceed summarily with an indictable matter

Held: Magistrate's order invalidated.

Held: Trial and magistrate's order declared nullities.

1 The defendant Anthony Swazo was on the 9th September, 1973, convicted by a Magistrate sitting at the Cavo Judicial District of escaping from lawful custody contrary to section 301 (b) of the Criminal Code, Chapter 21. He was fined $25.00 and $1.00 costs in default one month imprisonment. The sentence was made to run consecutively to one of a fine of $50.00 and $2.50 costs in default two months' imprisonment for aggravated theft contrary to section 155 (b) of the Criminal Code. These convictions came to my notice during the perusal of the monthly returns submitted to this Court by Magistrates under section 51 (1) of the Inferior Courts Ordinance.

2 Section 301 of the Criminal Code reads:

“301. Every person who endeavours to resist or prevent the execution of the law-

• (a) by resisting the lawful arrest of himself or of any other person for crime, or

• (b) by escaping or permitting himself to be rescued from lawful custody for crime, or

• (c) by rescuing any other person or aiding any other person to escape from lawful custody for crime,

shall be liable to,-

• (i) if the crime is punishable with death or with imprisonment with hard labour for more than seven years, imprisonment with hard labour for seven years,

• (ii) if the crime is punishable with imprisonment with hard labour for not more than seven years, imprisonment with hard labour for five years,

• (iii) if the crime is a misdemeanour, imprisonment for one year.”

3 The defendant was caught red-handed by a police constable breaking into a stall at the Belmopan Market and stealing therefrom, which is a crime under section 155 (b) of the Criminal Code, and is punishable up to a maximum of 7 years' imprisonment with hard labour. The police constable in exercise of his powers under section 44 (1) of the Police...