R v Louise and Others

• Jurisdiction: South Africa
• Judge: Sampson AJ
• Judgment Date: 27 July 1956
• Citation: 1956 (4) SA 159 (E)
• Hearing Date: 27 July 1956
• Court: Eastern Districts Local Division

C Sampson, A.J.:

This matter came before me in the form of an application for leave to appeal by the above-mentioned against their convictions by the magistrate of East London on a charge of contravening sec. 237 (1) of the Merchant Shipping Act, 1894, read with sec. 685 (1) of that Act. The charge reads:

'the accused is charged with the offence of contravening sec. 237 (1) read with sec. 685 (1) of the Merchant Shipping Act, 1894 in that upon D the 28th day of May, 1956, and at East London in the said district the accused did wrongfully and unlawfully secrete himself and go to sea in a ship, to wit, the 'Viva', without the consent of the Master, or other person in charge of the ship.'

They pleaded guilty and were each sentenced to pay a fine of £20 or undergo one month imprisonment with compulsory labour in default of payment - the punishment provided by the section.

E The magistrate submitted a note to the effect that as no evidence was taken, he should have restricted the sentence to a fine of £15 and has asked me to alter the sentence accordingly.

As I was doubtful of the propriety of the convictions I referred the matter to the Solicitor-General, who has kindly assisted me with a full note on the legal question.

F The court of the magistrate at East London has jurisdiction to try offences under Part II of the Merchant Shipping Act, 1894, which includes sec. 237 (1) by reason of the provisions of secs. 684 and 685 of the Merchant Shipping Act, vide R v McGrath and Others, 1949 (4) SA 207 (C). But sec. 237 (1) provides for the offence of stowing away G on a ship in respect only of sea-going ships registered in the United Kingdom or in respect of sea-going British...