Page 139 - Magistrates Conference 2019

determination, the decision thereon and the reasons for the decision and shall be dated and
signed by such magistrate in open court at the time of pronouncing it”.

In Casanki et el v Commissioner of Police HR CAP 2010/022 Court of Appeal of the Eastern
Caribbean States Rawlins CJ stated that it is settled principle that where a decision of a

magistrate is appealed, particularly in a criminal case, reasons for the decision are required
for the purposes of due process, justice, fairness and transparency. In this case the court found

that there were no complex legal issues. Although the magistrate could have better analyzed
the evidence, the appellants could not assert that they were unable to understand why they

were convicted, having regard to the evidence in the case and the reasons that the magistrate

gave. The appeal was dismissed. The court also referred to the cases of Aqui v Pooran
Maharaj (1983) 34 WIR and English v Emery Reimbold And Strick Ltd; Etc, (Practice Note):

CA 30 Apr 2002 and emphasised that the cases established that whether the reasons provided
by a magistrate were adequate, depended on the circumstances of each case.

Trinidad and Tobago

Summary Courts Act Chapter 4:20 section 130B:

(1) Where notice of appeal has been given in accordance with section 130, the Magistrate or
Justice shall within sixty days of the giving of such notice draw up and sign a statement of the

reasons for his decision.

The absence of reasons for the magistrate’s decision does not amount to an automatic ground

of appeal which will be fatal to a conviction.

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

“38. In our opinion, the absence of written reasons by the Magistrate does not automatically
generate an iron-clad, free standing ground of appeal. The appellant must show that the

absence of reasons has caused prejudice to the exercise of his legal right to an appeal. In

very exceptional cases the absence of written reasons may generate a free standing ground of
appeal where, for example, because of the absence of those reasons, counsel is unable to

even formulate a meaningful appellate challenge.

Page 7 of 26