Smellie CJ
1 IN CHAMBER
2 IN THE GRAND
3 CAUSE 5 OF
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-77-p
LEGAL DEPARTMENT
CAYMAN ISLANDS COURT
SEP 2 1. 20
ID COURT IN THE CAYMAN ISLANDS
0000
ANN MAE IRENE ROFFEY
V
ATTORNEY
DO
GRAND
COURT
S
AYMAN ISLA
N
0002173-65
LAWINERGOODSOMEISLANDS
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Appearances:
Mr. Stuart Dian
12 Mr. Anthony Al
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Before: Chief Ju
16 Date: 15th September
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23
REGINA
Lord of Truman Bodden & Co. for the appellant
ivvumi Crown Counsel for the respondent
Justice Anthony Smellie
nber 2000.
RULING
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This is an appeal
25 power to invoke
26 section provides a
27 shall convict and
28 The Magistrate w
29 to impose a sentence
against the Magistrate's decision by which she held in
the provisions of Section 66 of the Criminal Procedure
that in the event a defendant pleads guilty to a charge to
pass sentence unless sufficient cause to the contrary is
as urged on behalf of the appellant not to enter a convi-
ce in this case where the defendant pleaded guilty. The
at she had no
Code. That
the Magistrate
shown.
ction and so not
e offence
1 involved is dri-
2 upon conviction
3 learned Magist-
4 as being in pari
5 Court may proc-
6 discharging wit-
7 Law.
driving whilst intoxicated for which Section 71 of the Tra-
n a mandatory period of disqualification from driving
ate felt that she was bound by the terms of Section 74
materia and provide that upon conviction for an offen-
ced to deal with the case including by not entering a co-
ntention except in cases of offences under section
ffic Law prescribes
for one year. The
of the CPC which
ce the Summary
opinion and by
71 for the Traffic
8 If Mr. Diamond 9 Summary Court
10 and not to be re-
11 behind making a
12 disqualification
13 Mr. Diamond is
14 available to be ex-
15 after trial. See Re-
16 is therefore not a
17 is right that the discretion vested by Section 66,of the
18 law is entirely unfettered by the mandatory terms of S. CPC as being in pari materia with section 74 of the CPC;
an offence under Section 71 an offence attracting a ma-
would be avoided by the simple expedient of entering
right, then in every such case of a guilty plea the discr-
ercised, even though it would not exist at all in a case
w v the SCA: 62 of 2000 (unreported) That would le- permissible interpretation of the legislation. The pres-
CPC in the
of the Traffic Law
then the policy
mandatory penalty of
a guilty plea. If
etion would be
of a conviction
and imprisonment
17 substance
18 Interpretation Br
19 The Court time at
20 justification for a
21 legislative policy
22 would drive unde-
Viklans v Evans (1976) 1 Ex. D: 277 and Benton,
Interwordhs 1988.
It costs to be saved by the encouragement of guilty p-
construction of the Laws which would result in erosion
which underscores the mandatory sentence; ie: deter-
re the influence of alcohol.
Statutory
as hardly seems
n of the
nce of those who
1 I conclude that
2 of the Laws. The
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Anthony Shelby
Chief Justice
the learned Magistrate was correct in the interpretation
e appeal is accordingly dismissed.
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of the provisions
12 DATED THIS 1
3" DAY OF SEPTEMBER 2000