McLean v R

JurisdictionCayman Islands
JudgeSchofield, J.
Judgment Date09 November 1990
CourtGrand Court (Cayman Islands)
Date09 November 1990
Docket Number46 of 1990
McLean
and
Regina

Schofield, J.

46 of 1990

Grand Court

Criminal law - Appeal against conviction — Driving without insurance — Appellant had been driving his Toyota motor vehicle which was towing a trailer — The appellant had insurance in respect of the Toyota — Whether the trailer came within the definition of “motor vehicle” contained in section 2 of the Motor Vehicle Insurance (Third Party Risks) Law 1964 such as to require its owner to have in force a policy of insurance — Appeal allowed — Conviction quashed — Sentence set aside — Motor vehicle Insurance (Third Party Risks) Law, 1964 section 243(1).

Appearances:

Mr. Furniss for the appellant.

Miss Connolly for the Crown.

Schofield, J.
1

The appellant, Jason McLean, was driving his Toyota Land Cruiser motor vehicle in Crewe Road, George Town on the afternoon of Friday 18th August, 1989. The vehicle was towing a trailer which became detached from the vehicle, was propelled to the opposite side of the road where, unfortunately, it hit a cyclist. The cyclist was injured to his leg and his bicycle was severely damaged.

2

The appellant was insured to drive the vehicle on the road but the prosecution alleged that he was not insured to use the vehicle with a trailer. He was thus charged with driving without insurance, contrary to section 3(1) of the Motor Vehicle Insurance (Third Party Risks) Law, 1964.

3

At the hearing the prosecution led the evidence of Teeltek Chang the Branch manager of the Motor and General Insurance Company Limited, who issued the appellant with a full comprehensive private car policy, thus insuring him to use the said vehicle on a public road. According to Mr. Chang, whose evidence was accepted by the learned Magistrate, this policy did not cover the appellant in respect of trailers towed by the vehicle. The appellant was convicted as charged.

4

Section 3(1) of the Motor Vehicle Insurance (Third Party Risks) Law, 1964 reads:-

  • “3.(1) Subject to the provisions of this Law, it shall not be lawful for any person to use or to cause or permit any other person to use a motor vehicle on a road, unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be such a policy of insurance or such a security in respect of third-party risks as complies with the requirements of this Law.”

5

There was in force in relation to the appellant's use of the Toyota Land Cruiser a policy of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT