Vehicular Manslaughter (Death by Dangerous Driving)

Q:

Recently, a 10-year-old girl was hit and killed on the Priority Bus Route by a car allegedly driven by a police officer attached to the Barataria Police Station. Because he was apparently using the PBR illegally, will he be charged for murder?

 

A:

In order for the driver to be charged with murder, it will have to be proven that he deliberately hit and killed this little girl. If that can’t be proven, the more likely offence will be Vehicular Manslaughter, which is legally defined as the crime of causing the death of a human being due to illegal driving of an automobile.

In Trinidad & Tobago, the official archaic charge for this offence is “Causing Death by Dangerous Driving” according to section 71 of the Motor Vehicle and Road Traffic Act 1934, as amended:

71. (1) Any person who causes the death of another person by driving a motor vehicle dangerously on a road, commits an offence and is liable on conviction on indictment to imprisonment for fifteen (15) years.**

(2) A person convicted of an offence under this section shall, without prejudice to the power of the Court to order a longer period of disqualification, be disqualified for a period of fifteen (15) years from the date of the conviction from holding or obtaining a driving permit, and on a second conviction for a like offence he shall be permanently disqualified from holding or obtaining a driving permit.

Of course, “dangerously” is the operative word in the offence, which means that there is no Vehicular Manslaughter without clear evidence of dangerous driving… so what exactly is “dangerous driving”?

According to section:

71-B. (1) For the purposes of sections 71 and 71A a person is to be regarded as driving dangerously if—

 (a) the way in which he drives falls below what would be expected of a competent and careful driver; and

 (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.

The definition proffered in this Trinidad & Tobago legislation is clearly quite broad and very vague, so in order to further explain, some examples from the well-referenced Blackstone's Criminal Practice include:

• ·        Speeding
• ·        Driving under the influence of alcohol or drugs
• ·        Aggressive driving - such as sudden lane changes, cutting into a line of vehicles or driving too close to other vehicles
• ·        Disregard of traffic lights and road signs
• ·        Unsafe overtaking
• ·        Carrying dangerous loads
• ·        Driving with impaired ability – e.g. foot or hand in a cast
• ·        Driving when tired
• ·        Knowingly driving a vehicle with a dangerous defect
• ·        Using a hand-held mobile phone or other hand-held electronic equipment, or other distractions such and reading a newspaper/ map, etc.

Administratively, it is also important to comply with the requirements for the limitation time-frames during when charges must be brought against an accused driver:

73. (1) Subject to subsections (2) and (3), where a person is prosecuted for an offence under any of the preceding sections relating respectively to the maximum speed at which motor vehicles may be driven, dangerous driving or causing death by dangerous driving, and to careless driving, he shall not be convicted UNLESS either—

 (a) he was warned on the day the offence was committed that the question of prosecuting him for an offence under some one or other of the sections aforesaid would be taken into consideration; or

 (b) within fourteen days of the commission of the offence a summons for the offence was served on him; or

 (c) within the said fourteen days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the vehicle at the time of the commission of the offence.

**Although the prescribed penalty is a maximum sentence of fifteen (15) years imprisonment, conviction of this offence is unlikely to result in the max sentence. Here are some examples of persons convicted of this offence in recent times:

• ·        Saddiq Ali was sentenced in January 2020 to 1 year and 11 months imprisonment
• ·  Jason Samaroo was sentenced in April 2019 to 11 months and two weeks imprisonment
• · Jairon Phillips was sentenced in Tobago in October 2016 to 18 months imprisonment

Limitation of Certain Offences

Q: A friend of mine was caught stealing at her job back in 2012, and was subsequently dismissed and forced to repay the money. S/he has made efforts to repay the money, but eventually realised that the Company was not being honest about the remaining balance, so she stopped paying. The Company is now threatening to get the police involved to have her charged for larceny.

A: According to section 42 of the Summary Offences Act 1921, as amended:

42. All cases punishable under this Act of—

(a) larceny or stealing;

(b) attempting to commit larceny, or attempting to steal;

(c) aiding or abetting or counselling or procuring the commission of larceny or of stealing; (d) receiving any chattel or money or valuable security knowing it to have been stolen or otherwise unlawfully come by or obtained;

(e) fraudulent conversion;

(f) embezzling or obtaining or attempting to obtain under false pretences any chattel or money or valuable security with intent to defraud,

may be prosecuted at any time within twelve months after the commission of the offence.

Criminal Justice Injustice

On 7th November 2016, the Trinidad Express newspaper published an article entitled LOST IN JAIL, written by journalist, Nikita Braxton-Benjamin.

After reading this story, we - as a people living in a civilised society governed by the rule of law and being a place where every one has rights - cannot continue to sit by and allow this and other similar kinds of injustices to exist and continue. Being in prison does not mean that a person has to suffer any type of injustice that the system decides to mete out.

This kind of injustice has to stop! I am fed up and frustrated with this unjust nonsense.

If you are aware of any case where a person suffered police brutality, was wrongfully arrested, maliciously charged and/or prosecuted or is being unlawfully imprisoned like 42-year-old, mentally challenged Terrence Prince, please contact me directly by e-mail, or preferably, leave a comment below with information to reach you.

This is going to be Trinidad and Tobago's version of the Equal Justice Initiative.

Automatic Bail Denial is Unconstitutional

On 30^th January 2015, Senior Counsel and former Attorney-General, Anand Ramlogan introduced into parliament, The Bail (Amendment) Bill 2015.

Before that, on 18^th January 2015, I wrote, in my weekly Sunday column in the Newsday, an article entitled: Denying bail is denying justice. In it, I explained why the automatic 120-day no-bail clause was Unconstitutional, null, void and of no legal effect.

However, in blatant disregard for the provisions of the Constitution, The Bail Amendment Act 2015 was assented to and came into effect on 29^th April 2015, with a ‘sunset clause’ in place for the Bill to expire on 15^th August 2016.

Prior to the Bill’s expiration, the current Attorney-General, Faris Al-Wari attempted to convince the People’s Partnership (PP) opposition (under whom the Bill was first passed) to extend the Bill beyond the expiration date – a further two (2) years to be exact.

Prior to this, on 26^th June 2016, I wrote another column entitled Bail Amendment Dishonesty exposing the knowing and deliberate infringement of the Constitutional rights of individuals in our society by both the People’s National Movement and the PP whenever they got the opportunity. In parliament, on 1^st July 2016, my article was referenced by UNC opposition member David Lee, MP for Point-a-Pierre on page 158 (http://www.ttparliament.org/hansards/hh20160701.pdf) to justify the Opposition’s refusal to extend the Bill’s existence as per Faris’ request.

Almost two years later and after hundreds were arrested and denied bail, the High Court - from the mouth of one of the most progressive, knowledgeable, fearless and unbiased judges in the country, Justice Carol Gobin - finally declared that the automatic denial of bail is in fact unconstitutional. The full judgement is not yet available online, but you can read the newspaper reports in the  Newsday and the Guardian. 

It is important to note that after passing a law he KNEW to be Unconstitutional, Anand Ramlogan was the attorney representing one of the people bringing the claim. So he passed an 'illegal' law and then turned around to benefit from that illegality. Have you ever seen or heard of anything more dishonest and crooked? 

And not only does this mean that anyone held under this law can no longer be unlawfully held without reason, it also means that they can sue the state for their unlawful detention – another burden on tax payers during this time of economic crisis. The government caused this and now WE, THE PEOPLE, have to pay.

What this proves Trinidad and Tobago is that we cannot even trust the highest ranking legal minds in this country because they are ignorant and dishonest. These two men, Anand and Faris, held/hold the highest legal office in the government and although they should be doing what is best for Trinidad and Tobago, they continuously deceived us to conceal their incompetence and inability to deal with crime.

The PNM and the PP CANNOT be trusted. Do not continue to let these lying dictators run this country.

Service of summons or documents

Q: I am trying to serve a person for a civil matter, but they refuse to accept it; what can I do?

A: According to section 59(2) of the Interpretation Act 1962, as amended:

(2) Where a written law made after the commencement of this Act authorises or requires a document to be served on any person without directing it to be served in a particular manner, the service of that document may be effected either—

• (a) by personal service; or
  
  
• (b) by post in accordance with subsection (1); or
  
  
• (c) by leaving it for him with some person apparently over the age of sixteen years at his usual or last known place of abode or business; or
  
  
• (d) in the case of a corporate body or of any association of persons, whether incorporated or not, by delivering it to the secretary or clerk of the body or association at the registered or principal office of the body or association or serving it by post on such secretary or clerk at such office; or
  
  
• (e) if it is not practicable after reasonable inquiry to ascertain the name or address of an owner, lessee or occupier of premises on whom the document should be served, by addressing the document to him by the description of “owner” or “lessee” or “occupier”, as the case may be, of the premises (naming them) to which the document relates, by affixing it, or a copy of it, to some conspicuous part of the premises.

A commemorative occasion for Dr. Eric Williams

San Fernando free legal clinic

Free legal advice. Walk with all relevant documents. 

Statutory Rape: Consent is Irrelevant

Q: I had sex with a girl, but then I found out she was 15. She looked no younger than 21!



A: It is a well known fact that children are getting involved in sexual activity at the youngest ages we've ever seen, and sometimes subsequently having children, like this 13 year old father in England.

In Trinidad & Tobago, it is no different. A lot of girls use their school-time looking for older men, something which gives them "rank" amongst their peers.

Taking that into consideration, this advice is ESPECIALLY for men.

Statutory rape is a VERY serious offence, which is defined as sexual intercourse by an adult with a person below a statutorily designated age.

The legal age at which a male or a female citizen of Trinidad & Tobago is permitted to have sexual intercourse is sixteen (16) years and over. This is governed by Section 6 of the Sexual Offences Act 1986 as amended by Section 31 of the Sexual Offences Act 2000.

The criminal offense of statutory rape is committed when an adult sexually penetrates a person who, under the law, is incapable of consenting to sex. Minors and physically and mentally incapacitated persons are deemed incapable of consenting to sex.. These persons are considered deserving of special protection because they are especially vulnerable due to their youth or condition.

Statutory rape is different from other types of rape in that force and lack of consent are not necessary for conviction. A defendant will be convicted of statutory rape even if the complainant explicitly consented to the sexual contact and no force was used by the actor. By contrast, other rape generally occurs when a person overcomes another person by force and without the person's consent.

The actor's age is an important factor in statutory rape where the offense is based on the victim's age. Furthermore, a defendant may not argue that he was mistaken as to the minor's age or incapacity.

Replevin: Trinidad & Tobago

Q: My Landlord changed the locks and doesn't want me to get my stuff. What can I do?

A: Replevin is a remedy that enables a tenant to recover possession of goods, which have been illegally distrained. This is further elucidated in Sealandaire Ltd v Paul (1994) High Court, No 169 of 1994

The remedy consists of two parts:
1. the replevy, whereby the tenant obtains re-delivery of the goods; and
2. the action of replevin, in which the validity or otherwise of the distree is determined.

Replevin is ONLY available where the distress was illegal, not where it was excessive or irregular. Illegal distress that can give rise to replevin are:
(a) where no rent was due
(b) where there was no demise at a fixed rent
(c) as in Selandaire, where the landlord/tenant relationship was terminated before the distress was levied

Excessessive distress occurs where more goods are seized than are reasonably necessary to satisfy the arrears of rent and proper charges of the distress.
Carter v Carter (1829) 130 ER 1118
Irregular distress occurs where, although there was a right of distress, a wrongful act was committed at some stage of the proceedings, subsequent to the seizure.
Op cit, Atkin’s Court Forms, fn 121
This remedy can be excercised at any time before the sale of goods. However, according to Warner J in Cornwall v Trincity Commercial Centre Ltd (1996) High Court, No 1437 of 1995, under s 11 of the Landlord and Tenant Ordinance of Trinidad and Tobago, the distrainor is empowered to sell the distrained goods if replevy is not made within five days.

If the claimant is successful, he will NOT be entitled to damages for the value of the goods if they were returned to him when the replevy was made, BUT may recover general damages annoyance and for injury to trade/credit/reputation. Smith v Enright -1893- 63 LJQB 220

For more information on Replevin, please read Commonwealth Caribbean Property Law by Gilbert Kodilinye

Trinidad and Tobago Cabinet: Sworn in on 28-05-2010

After her landslide victory on May 24th, Trinidad and Tobago's First Female Prime Minister has selected her new cabinet of Ministers.


Prime Minister and Minister of Information and Communication – Kamla Persad Bissessar

Attorney General Anand Ramlogan

Minister of Finance- Winston Dookeran

Minister of Works and Transport –Austin Jack Warner

Minister of Education – Dr. Tim Goopeesingh

Minister of Justice – Hubert Volney

Minister of Legal Affairs – Prakash Ramadhar

Minister of Labour, Small and Macro Enterprise Development – Errol Mcleod

Minister of Housing and Environment –Dr. Roodial Moonilal

Minister of Trade and Industry – Stephen Cadiz

Minister of Arts and Culture – Winston Peters

Minister of National Security – Brigadier John Sandy

Minister of Energy and Energy Affairs – Carolyn Seepersad Bachan

Minister of Foreign Affairs – Surujrattan Rambachan

Minister of Public Administration – Nan Ramgoolam

Minister of Science, Technology and Tertiary Education – Fazal Karim

Minister of Public Utilities – Emmanuel George

Minister of Health – Teres Baptiste Cornelius

Minister of Food Production, Lands and Marine Affairs – Vasant Bharath

Minister of Planning, Economic Social Restructuring and Gender Affairs – Mary King

Minister of Local Government - Chandresh Sharma

Minister of Tourism – Dr. Rupert Griffith

Minister of Peoples and Social Development – Dr. Glen Ramdharsingh

Minister of Community Development – Nizam Baksh

Minister of Sports and Youth Affairs – Anil Roberts

Minister of Tobago Development – Vernalla Alleyne Toppin

Becoming a Lawyer in Trinidad and Tobago

Q: I've been considering becoming a Lawyer in Trinidad, but it seems so hard and it looks like it will take me FOREVER!



A: Deciding to become an Attorney/Lawyer is a great choice! Although it may seem like a saturated field, everyday many people sign up to pursue the career. Don't think negatively!

Here's what you need to do after you browse the Legal Profession Act 1986

A. Majority of Entrants

1. Law degree from the University of the West Indies (LLB) plus, legal education certificate obtained after a two-year course at the law schools. Such persons are automatically accepted for entry as UWI LLB graduates.

or

2. Law degree from other recognised universities
(including an external University of London degree) plus the Legal Education Certificate (LEC). Affected persons are required to compete by examination for limited available places.

B. Others

1. Overseas qualification as a practitioner
(barrister, solicitor, attorney, etc.) plus legal education certificate (lec) obtained after a six-month course at the law schools. (no examinations for entry or to obtain lec- places have been available)

or

2. Admission of commonwealth attorneys of at least ten years call by order of the attorney general and minister of legal affairs. (Always for limited purpose of a specific court matter so far).A person applying to the High Court for admission to the bar is required to satisfy the court that he/she:

(a) is a Commonwealth citizen,
(b) is of good character, and either
(c) holds the qualifications prescribed by law, or
(d) is a person in respect of whom an Order has been
made under Section 15A.

By virtue of Section 15 (1A), a national of Trinidad & Tobago who-
(a) has passed the Bar Finals or the Bar Vocational Course at an institution validated by the General Council of the Bar of England and Wales, has been called to the Bar of England and Wales and has completed pupillage of at least six (6) months and is certified as such;

(b) has passed the Law Society Finals or the Legal Practice Course at an institution validated by the Law Society of England and Wales and having undertaken articles or a training contract in accordance with the Training Regulations of the Law Society of England and Wales, has been admitted to the roll of solicitors of the Supreme Court of England and Wales;

(c) has passed the Bar Vocational Course at an institution validated by the General Council of the Bar of England and Wales; or

(d) has passed the Legal Practice Course at an institution validated by the Law Society of England and Wales; and

(e) in the case of persons referred to in paragraphs (c) and (d) has obtained a certificate from the head of chambers of an attorney-at-law of not less than ten years standing, practising in Trinidad and Tobago to the effect that the national has undergone an attachment at those chambers for a continuous period of not less than six months doing work relating to the practice of Law, is deemed to hold the qualification prescribed by Law and is entitled, subject to the payment of the prescribed fees, to practise as an attorney-at-law in Trinidad and Tobago.

By virtue of Section 15A, which deals with special cases of admission, the Minister of Legal Affairs, where he considers it necessary or expedient after consultation with the Chief Justice, may by Order provide that a Commonwealth citizen who has been admitted to practise in a Commonwealth country for at least ten years, is eligible to be admitted to practise law in Trinidad and Tobago on such terms and conditions, including but not limited to the duration of the admission, as the Minister may specify in the Order.