Duffy (Police Inspector) v Brown and Mason 1992 Appellate Jur. No. 9

• Jurisdiction: Bermuda
• Judgment Date: 12 October 1992
• Docket Number: Appellate Jurisdiction 1992: No. 9
• Date: 12 October 1992
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

Astwood, CJ

Appellate Jurisdiction 1992: No. 9

BETWEEN:

Peter Michael Duffy (Police Inspector)

Appellant

and

Clive Nestrille Brown

1st Respondent

and

Peter Stuart Mason

2nd Respondent

Mr Barrie Meade (Solicitor General) for the Appellant

Mr John Barritt for Mr Brown

Mr Delroy Duncan for Mr Mason

Wills v BowleyWLR [1982] 3 WLR 10

Christie v LeachinskyUNK [1947] 1 All ER 567

Gilberg v MillerUNK [1961] 1 All ER 291

Road Traffic Act, s. 33

Grievous bodily harm — Two policemen charged arising out of arrest of another person who they suspected of giving incorrect name and address — No power to arrest in such circumstances

JUDGMENT

On the 24th March, 1992, in the early hours of the morning, the Police checked one Kent Douglas Gary Dill driving a motor cycle on a public road at a speed of 73 k.p.h. Dill's speed was checked by radar. The speed limit in Bermuda being 35 k.p.h.; therefore, Dill was found committing the offence of exceeding the speed limit, an offence against the Road Traffic Act, 1947.

The trial magistrate found as a fact that, when stopped by the Police, Dill was unto-operative, resentful, hesitant and hostile in giving his name and address. A police officer, assisted by another police officer, arrested Dill and, in a struggle which ensued when handcuffs were being placed on him, Dill received injury to his person. It transpired that Dill had given the police officer his correct name and address. But the magistrate came to the conclusion that the arresting police officer had reasonable grounds to believe that the information given to him by Dill was not accurate. The magistrate also found as a fact that no excessive force was used against Dill by the arresting officr and his accomplice.

Arising from the incident two police officers, Clive Nestrille Brown and Peter Stuart Mason, were charged with committing the criminal offence of doing unlawful grievous bodily harm to Dill.

The magistrate acquitted both police officers of the offence for which they were charged and the lesser offence of ‘unlawful assault causing actual bodily harm’.

A police officer has no general power of arrest for an offence against the Road Traffic Act, 1947, but is given a limited power to do so in certain circumstances. In a speeding offence case, if the driver of the vehicle, on being requested to do so by the investigating officer, refuses to give his name and address, he may be arrested. It will be for a magistrate to decide whether or not the driver refused to give this information, and it will be for him to decide whether or not the arrest was lawful if the investigating officer arrests. No power is given to a police officer to arrest for such offence if he suspects, whether on reasonable grounds or not, that the name and address given are not correct.

The trial...