McLean v Campbell

• Jurisdiction: Cayman Islands
• Judge: (Zacca, P., Taylor and Forte, JJ.A.)
• Judgment Date: 07 November 2005
• Court: Court of Appeal (Cayman Islands)
• Date: 07 November 2005

Court of Appeal

(Zacca, P., Taylor and Forte, JJ.A.)

McLEAN

and

CAMPBELL, BROWN and BURTON

Attorneys: Polack & Co. for the appellant; Quin & Hampson for the respondents; Government Legal Dept.

Criminal Procedure-institution of proceedings-time-limit for summary prosecution

Under s.77 of the Criminal Procedure Code (1995 Revision), ‘. . . no offence which is triable summarily shall be triable by a Summary Court unless the charge or complaint . . . is laid within six months . . .’ [Emphasis supplied.] The limitation period applies to Category C offences (‘triable summarily and not otherwise’) but not Category B offences (‘triable on indictment which, with the consent of the prosecution and the person charged (or all of the persons charged if there be more than one), may be tried summarily’), as defined in s.5(1) of the Code. When a prosecution of a Category B offence is commenced more than six months after it was committed, the parties may therefore by consent confer jurisdiction on the Summary Court. Section 77 cannot encompass all offences triable in the Summary Court, as not only would the words emphasized above be superfluous, but summary trial would be excluded whenever the prosecution...