Lopez v Smart

• Jurisdiction: Trinidad & Tobago
• Judge: Wooding, C.J.
• Judgment Date: 17 September 1963
• Neutral Citation: TT 1963 CA 45
• Docket Number: No. 286 of 1963
• Date: 17 September 1963
• Court: Court of Appeal (Trinidad and Tobago)

Court of Appeal

Wooding C.J.; Hyatali J.A

No. 286 of 1963

Lopez

and

Smart

Appearances:

Mr. Theorore Guerra appeared for the appellant.

The Acting Solicitor General, Mr. A.C. Rienzi, and Mr. R. Crawford appeared for the crown.

Practice and procedure - Magistrate — Summary Courts Ordinance s. 64(1) — What is required of a magistrate at the conclusion of a hearing

Facts: The magistrate having found the appellant guilty of a summary offence did not proceed to make any order because the appellant immediately stated that he was appealing against the conviction. Appellant is now before the court with his appeal

Held: There is no appeal properly before the court. Section 64(1) of the Summary Courts Ordinance provides that on the conclusion of any hearing before a magistrate the court must either dismiss the complaint or make such order as the justice of the case requires. Matter must therefore be referred to the magistrate for him to complete the duty which is his, that is to say, to make an order pursuant to the conviction and then, having made that order, if the appellant or would be appellant be so advised, he may then, but only then, file an appeal.

Wooding, C.J.

1 Section 64(1) of the Summary Courts Ordinance provides that on the conclusion of any hearing before a magistrate the court shall either at the same or at an adjourned hearing give its decision on the facts by either dismissing the complaint or making such order as the justice of the case requires against tree defendant. That subsection makes it clear, in our view, that there are two alternatives and two alternatives only: either the case has to be determined by the magistrate dismissing the...