Page 137 - Magistrates Conference 2019

Those cases established that as a rule of law in criminal proceedings a magistrate must
provide his reasons when the defendant has lodged an appeal against his decision:

“These observations, to my mind, offer sound guidance in the approach to be adopted by an
appellate court faced with an appeal where the record shows conflicting evidence or versions

of events and on which the credibility of witnesses takes centre stage in the absence of any
reasons by the magistrate which would inform the basis for his decision. It would, in my view,

be difficult to envisage a case where in those circumstances a quashing of the conviction
5
would not be the inevitable result.”

Grenada

Magistrates’ Judgments (Appeals) Act Cap. 178, section 15(3)

Following the delivery of the appellant’s notice of intention to appeal, “The Magistrate shall
also transmit with the copy of the proceedings a concise memorandum of the reasons for the

judgement. Such memorandum shall be included in, and form part of, the record of the
appeal.”

Guyana

Summary Jurisdiction (Appeals) Cap. 3:04, section 8:

Upon the appellant’s compliance with the requirements of sections 4 and 5 (for the filing of

the notice of intention to appeal and giving of security), the magistrate shall draw up a formal
conviction or order and a statement of his reasons for the decision appealed against.

Jamaica

The Judicature (Appellate Jurisdiction) Act 1962, section 17:

5 Graham & Another v The Police (2010) 79 WIR 288 George-Creque JA at [15]
Page 5 of 26