Edwards v Thomas

• Jurisdiction: Trinidad & Tobago
• Court: Court of Appeal (Trinidad and Tobago)
• Judge: Wooding, C.J.
• Judgment Date: 15 November 1966
• Neutral Citation: TT 1966 CA 133
• Docket Number: No. 669 of 1966
• Date: 15 November 1966

Court of Appeal

Wooding, C.J.; McShine, J.A.; and Phillips, J.A.

No. 669 of 1966

Edwards

and

Thomas

Appearances:

Mr. J. appeared for the appellant.

Mr. A. Warner, Acting Assistant Solicitor-General, appeared for the respondent.

Criminal Law - Appeal against conviction — Careless driving. — Appellant charged with careless driving. Knocked down a child. Appealed against conviction — The child must have run across as the car was approaching and at a time when it was dangerous to do so — Would be sheer guess work on the Court's part to determine whether or not the child left the driver with sufficient time to successfully avoid knocking him down — Appeal allowed with costs.

Wooding, C.J.

1 The appellant was charged with careless driving, the prosecution case being that the appellant was driving his car from west to east on what is called the Arima By-pass Road, that he was travelling in the center of the road, that three little boys were on the southern side of the road and that one of them was knocked down there. The word “there” is important because not only does Carlton Thomas, who was one of the boys, but also Edwin D'Andrade, an adult witness who saw the accident, put the boy who was knocked down on the southern side of the road at the time when he was actually hit by the car. The evidence of the police constable who investigated the accident clearly negatived that case because a point of impact was shown to him which was...