Page 143 - Magistrates Conference 2019

number of legal topics then abruptly announces an opinion. This infers that the
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reasons are buried somewhere in one of those topics .

4. Avoid Quotations - a magistrate should avoid quoting lengthy information and
quoting paragraphs from other judgments and text unless it is necessary. Quotes that

are used should be brief and vital to the magistrate’s reasons.

5. Write positively - a magistrate should avoid using double negatives in his statement of
reasons.

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Guiding principles for writing of reasons

There is no standardized or fixed formula that has established the parameters against which to
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measure the adequacy of the reasons for a decision by a magistrate . However the courts in
some jurisdictions have identified guidelines which may assist magistrates in providing
adequate and sufficient reasons for their decision.

In Francis Jones v Sgt. Sheldon David Mag App. No. 64 of 2014, Mohammed JA highlighted

the Barbadian case of Lovell v Rayside Construction Limited Magisterial Appeal No. 16 of

2004 where Mason JA laid out guidelines for magistrates when providing reasons for their
decisions:

• The reasons need not be elaborate and deal with each and every argument presented
by counsel but they must be in sufficient detail to show the parties, and if need be the

Court of Appeal, the principles and the basis upon which the magistrate acted,

namely, why one party succeeded and not the other;
• The judge must summarize the testimony of the witnesses and in so doing identify and

record those issues which were critical to the decision;

• They must show the manner in which the magistrate resolved those issues. This is so
even if the critical issue was one of fact and he has preferred the evidence of one

witness over that of another;

8 JE Cote, The Appellate Craft pg. 79
9 Sylvan v Ragoonath (1966) 11 WIR 33 Wooding CJ at page 36 ‘we cannot too strongly insist that reasons should show an
awareness of the salient issues, an assessment of the material evidence and an appreciation of the relevant law’.
10 Casanki et el v Commissioner of Police HCRAP 2010/022 at [6]
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