Ming v Tacklyn, Ming v Wilson
Jurisdiction | Bermuda |
Judgment Date | 12 April 2002 |
Date | 12 April 2002 |
Docket Number | Appellate Jurisdiction No. 104 of 2000 |
Court | Supreme Court (Bermuda) |
In the Supreme Court of Bermuda
Ward, CJ
Appellate Jurisdiction No. 104 of 2000
Appellate Jurisdiction No. 105 of 2000
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Mr. Horseman for the Appellant
Ms. Tacklyn in Person
Mr. Horseman for the Appellant
Ms. Wilson Unrepresented
Re Young and Harston's ContratELR (1886) 31 ChD 168
Poplar Guardians v MartinELR [1905] 1 KB 728
Affiliation Act 1976, s. 17
Affiliation — Appeals against terms of imprisonment — Arrears of maintenance — Work release orders — Wilful default — Statutory framework
These are two appeals against consecutive terms of imprisonment under section 17 (3) of the Affiliation Act 1976.
The appellant is the father of two children namely Shaundrika Tacklyn who was born on the 3rd day of August 1984 and Nerah—Lynn Wilson who was born on the 25th day of October 1988.
By Order dated the 31st day of August 1988 he was ordered to pay $50 per week towards the maintenance of Shaundrika, and by Order dated the 7th day of January 1999 he was ordered to pay $52 per week towards the maintenance of Nerah—Lynn.
On the 1st day of February 2000 his payments were in arrears in the sum of $21,123.14 with respect to Shaundrika and $1,437.00 with respect to Nerah—Lynn. The appellant is among the most delinquent of fathers who pay maintenance through the Collecting Office of the Magistrates' Court.
The learned Magistrate sitting in the Family Court committed the appellant to prison for a term of 90 days on the 1st day of February 2000. He re-committed him to prison for a second term of 90 days on the 24th day of April 2000. His arrears in the Tacklyn matter then stood at $21,623.14, an increase of $500 since 1st February 2000. On the 14th July 2000 he was committed to prison for the third time for a term of 90 days. His arrears were then $22,323.14. On 11th October 2000 when his arrears stood at $22,948.14 he was committed to prison for the fourth time for a term of 90 days. On the 5th January 2001 with his arrears at $23,523.14 he was committed to prison for a fifth time, without a break, for a term of 90 days.
Against the final order the appellant has appealed.
The learned Magistrate set out his reasons in detail. He said:
‘This Respondent is so delinquent it is unbelievable. He has been given more chances than a lottery.’
He reviewed the history of the matter, the...
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Ming v Greaves (Magistrate)
...[1989] 1 All ER 90 McC v Mullan and OthersUNK [1984] 3 All ER 908 Shaw v TrudelUNK [1988] Man R (2d) Lexis 596 Ming v TacklynBDLR [2002] Bda LR 16 Nisselle v Brouwer [2007] VSC 147 Maharaj v Attorney General of Trinidad and TobagoELR [1979] 1 AC 385 Bermuda Constitution, s. 5(4) Protection ......
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Ming v Greaves
...their children. I also find that failure to participate in the programme is not itself evidence of wilful refusal.” ( Ming -v- Tacklyn [2002] Bda L.R. 16) LEGAL FINDINGS: THE IMPACT OF THE CONSTITUTION ON THE PLAINTIFF'S CLAIM 25 Section 5(1) of the Bermuda Constitution Order provides as fo......