10 THE LEEWARD ISLANDS GAZETTE. [12 January, 1956,

Sgt. Roberts in his evidence stated that in the course of his investigations on the spot
immediately after the accident, that both the appellant and the other defendant told him that the vehicles
collided in passing. James Dor in his examination in chief stuted ....... “As they came together Edwards
(appellant) stopped, truck went on—I called on Goodwin and I saw truck hit against car. When cur
stopped I saw the driver looking in shop........ The head of the truck had passed the head of the car
before the car stopped.” The sworn statement of Goodwin, another witness for the prosecution, that
when the appellant’s car stopped the truck was about 30 ft. away, was contradicted by the witness Dor
and the Magistrate appears quite rightly to have disregurded Goodwin's evidence on this point.

The accepted evidence shows that the appellants’s car stopped after the two vehicles had come
into contact. In these circumsances, if the appellant is guilty of an offence it would incline more to that
of driving without due care and attention than to the offence of which he has been convicted.

In this appeal the notes of evidence sent up by the Magistrate omitted the evidence led for
the Defence in the case against Joseph. We wish to emphasise that in cases where persons are tried

together the whole of the evidence has to be considered on the appeal and should form part of the record.

The appeal is allowed the Judgment and Order of the learned Judge reversed and the
conviction and sentence set aside.

The appellant shall have his costs here and in the Courts below fixed at twenty guineas.

Donatp Jackson.
Chief Justice.

K. L. Gorpon,
Puisne3 Judge.

A, M. Lewis,

Acting Puisne Judge.
15th December, 1955.

 

ANTIGUA.
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1956

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