Smellie CJ
1 IN CHAMBER
2 IN THE GRAND
3 CAUSE 5 OF 7
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10 Appearances.
11 Mr. Stuart Diary
12 Mr. Anthony Al
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16 Before: Chief Ju
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18 Date: 15th Septe
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Bond of Truman Bodden & Co. for the appellant
Iwumi Crown Counsel for the respondent
Justice Anthony Smellie
nber 2000.
RULING
25 This is an appeal
26 power to invoke the
27 section provides a
28 shall convict and
29 The Magistrate w
30 to impose a sentence
against the Magistrate's decision by which she held that in the event a defendant pleads guilty to a charge it
pass sentence unless sufficient cause to the contrary is
as urged on behalf of the appellant not to enter a convi
ction and so not
ce in this case where the defendant pleaded guilty. The
at she had no
mode. That
he Magistrate
shown.
ction and so not
e offence
1 involved is driven
2 upon conviction
3 learned Magist-
4 as being in pari
5 Court may pro-
6 discharging with
7 Law.
8 If Mr. Diamond
was driving whilst intoxicated for which Section 71 of the Traf-
fic Law prescribes
a mandatory period of disqualification from driving
rate 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-
nvenience except in cases of offences under section
is right that the discretion vested by Section 66 of the
CPC in the
10 and not to be rea-
11 behind making a
12 disqualification
13 Mr. Diamond is
14 available to be ex-
15 after trial. See R.
16 is therefore not a
17 such an outcome
as entirely unfettered by the mandatory terms of S. 71
and as being in pari materia with section 74 of the CPC, a
in 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
y Hydes SCA: 62 of 2000 (unreported) That would le-
permissible interpretation of the legislation. The presi-
Williams v Evans (1876) 1 Ex. D, 277 and Bernion:
of the Traffic Law
is the policy
mandatory penalty of
a guilty plea. If
tion would be
of a conviction
d to absurdity and
imprison is against
Statutory
18 Interpretation Bu-
19 The Court time for a
20 justification for a
legislative policy
21
would drive under
22
terworths 1988.
and costs to be saved by the encouragement of guilty plea
construction of the Laws which would result in erosion
which underscores the mandatory sentence; ie: deter-
re the influence of alcohol.
as hardly seems
n of the
nce of those who
1 I conclude that
2 of the Laws. The
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Anthony Shellie
Chief Justice
12 DATED THIS 1
The learned Magistrate was correct in the interpretation
e appeal is accordingly dismissed.
TH DAY OF SEPTEMBER 2000
of the provisions