Andre West (Appellant) v The Commissioner of Police (Respondent) (Montserrat)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0057

Jurisdiction

Montserrat

Parties

Appellant(s)

Andre West

Respondent(s)

Commissioner of Police

Issue

(1) Whether, upon a proper construction of section 201(1) of the Criminal Procedure Code, the prosecution's election to proceed summarily in respect of an offence triable either way subjected the proceedings to the summary-trial jurisdictional requirements of the Code. (2) Whether Section 231(1)(c)(i) of the Penal Code was correctly interpreted in relation to the meaning of "obtaining an exemption". (3) Whether the conviction could lawfully be sustained after the trial court rejected the specific deception alleged in the charge. (4) Whether the statutory requirement that an exemption be obtained "by deception" can lawfully be satisfied by conduct occurring only after the alleged exemption had already been obtained. (5) Whether the Court of Appeal upheld the conviction on a factual theory of deception materially broader than that adopted by the trial court. (6) Whether a conviction for obtaining an exemption from liability can lawfully be sustained where the underlying liability was not established by evidence.

Facts

This application concerns a conviction under section 231(1)(c)(i) of the Penal Code of Montserrat. At the relevant time the Appellant, Mr West, was serving as the Chief Fire Officer of Montserrat. He was responsible for sourcing replacement parts for Fire and Rescue Service vehicles. He was convicted of dishonestly obtaining an exemption from customs duty by deception in relation to certain vehicle parts that he had sourced for personal use. He did so by purporting that the items were for the Montserrat Fire and Rescue Service. Mr West appealed against the conviction. The Court of Appeal allowed his appeal, set aside the conviction, and ordered a retrial. At retrial, Mr West was convicted again, and ordered to pay a fine. Mr West appealed the conviction and fine to the Court of Appeal. The Court of Appeal dismissed the appeal. Mr West now appeals to the Judicial Committee of the Privy Council.