Riley v Chief of Police

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Cecil Lewis, J.A.,Lewis, C.J.
• Judgment Date: 03 June 1971
• Neutral Citation: MS 1971 CA 3
• Docket Number: Magistrate's Criminal Appeals Nos. 2, 3 and 4 of 1971
• Date: 03 June 1971

Riley

and

Chief of Police

Lewis, C.J. Lewis, J.A. Davis, J.A. (Acting)

Magistrate's Criminal Appeals Nos. 2, 3 and 4 of 1971

Court of Appeal

Criminal Law - Appeal against sentence — Assault

Held: The above mentioned convictions should not be taken into account when considering his record. The court was disposed to accede to the pleas urged on his behalf. Sentence of imprisonment set aside and in lieu thereof an alternative punishment of $15.00 for assault imposed and $15.00 for the use of indecent language.

Facts: The appellant pleaded guilty to three charges, two involving the use of indecent language and the third of assaulting a constable. He was convicted and sentenced to two months imprisonment in respect of the assault and one month's imprisonment for the other charges, the sentences to run concurrently. The appellant appealed against these sentences. It was pleaded on his behalf inter-alia that he had a clean record previously except for minor offences of which he had been convicted as a juvenile.

Cecil Lewis, J.A.

1 The appellant pleaded guilty to three charges committed on the 1 ^st January, 1971. These were:

• (a) assaulting police constable John Douglas while in the execution of his duty;

• (b) using indecent language to him, and;

• (c) using indecent language in a public place.

2 On each of these offences he was convicted, and in respect of the assault he was sentenced to two months...