Joseph v The Chief of Police

• Jurisdiction: British Virgin Islands
• Court: Court of Appeal (British Virgin Islands)
• Judge: Hon. C.J.,,Gordon, J.A.,,St. Hernard, J.A.
• Judgment Date: 04 November 1969
• Neutral Citation: VG 1969 CA 2
• Docket Number: Criminal Appeal No. 3 of 1969
• Date: 04 November 1969

Court of Appeal

Hon. C.J., Gordon, J.A., St. Hernard, J.A. (Actg.)

Criminal Appeal No. 3 of 1969

Joseph

and

The Chief of Police

J.S. Archibald for the Appellant

W. Macintyre (Attorney General) for the Respondent

Road Traffic - Dangerous Driving — Vehicles and Road Traffic Ordinance, Cap. 198.

Facts: Whether the evidence supported the appellants' conviction. Evidence revealed that the appellant was driving at an excessive speed when the collision occurred.

Held: The judge's finding was in the main of fact. The appellant was speeding and this was supported by the evidence. Appeal dismissed.

1 St. Bernard, J.A. (Acting).: The appellant, on 14th May, 1969, was convicted and fined $75.00 and in default 2 months imprisonment with hard labour for the offence of driving a motors vehicle without due care and attention contrary to section 30 of the Vehicles and Road Traffic Ordinance Cap. 198. From this conviction and sentence he has appealed.

2 The facts may be briefly summarised as follows:

3 On the 18th June, 1968, at about 7.45 a.m., one Haran Penn was driving truck No. V.I. 804 from the West End towards Road Town. On reaching a place called Sea View, near Macnamara, on a curve he saw a car parked on his left hand side of the road. He was then travelling at about 15 miles per hour. As he was about to pass the parked car, he saw the appellant's vehicle V.I. 896 about 100 feet away from him coming in the opposite direction. Owing to the manner of the appellant's driving Haran Penn stopped his vehicle abreast of the parked car. He heard then the screeching of the tyres as if the appellant was applying his brakes and saw the appellant's swerve from side to side of the road. He estimated the feed of the oncoming vehicle at about 60 miles per hour. Eventually there was a collision. The right back fender of the appellant's car collided with the right front fender of the truck. The car, owing to the impact, spun around the road at an angle of about 90°.

4 Both drivers came out of their vehicles and Penn inquired of the appellant the cause of his speed. The appellant stated that he was going to West end to catch a plane. The Police were informed and P.C. Sylvester came on the scene, took measurements and investigated. In the presence of the appellant, Penn related what took place to the constable. The appellant then stated that he was travelling to West End to catch a plane, and on reaching Macnamara he saw...