Marbou v Termeteet [1971] TTLawRp 59; 5 TTR 655 (29 December 1971)

5 TTR 655

GREGORIO MARBOU, and
HENRY DACHELBAI,
Appellants

v.

EUSEVIO TERMETEET,
Appellee

Civil Appeal No. 80

Appellate Division of the High Court

December 29, 1971

Appeal from determination of bail and failure to proceed pursuant to juvenile delinquency procedure. The Appellate Division of the High Court, H. W. Burnett, Chief Justice, modified portion of appeal and held that government, in all prosecutions of persons under eighteen years, must initially prosecute under an information of delinquency.

Information quashed, bail modified.

1. Criminal Law - Bail - Modification

A motion for modification of bail, not habeas corpus, is the proper procedure through which to seek review of a bail determination. (12 T.T.C. § 256)

2. Courts -- High Court

It is improper for the Trial Division of the High Court to conceive of its role as that of a reviewing court, rather than that of a trial court considering preliminary matters.

3. Courts - High Courts

As the Trial Division of the High Court has discretion to modify a determination of the District Court regarding bail, it was an abuse of discretion for the Trial Division to refuse to consider such matter. (12 T.T.C. § 256)

4. Criminal Law - Bail - Determination of Amount

With respect to the factual considerations surrounding any determination of bail; a positive showing, of record, of the factual information and considerations upon which bail decisions are based is mandatory. (12 T.T.C. §§ 251, 254, 258)

5. Statutes - Construction - Legislative Omissions

While a court may not remedy legislative omissions of a substantive nature, it is acceptable to eliminate vagueness or ambiguity by inferences drawn from the purposes and policies which underlie the statute.

6. Statutes - Construction - Legislative Intent

Court may look to the topic as a whole, in order that the disputed section may be construed most harmoniously with the whole, thus fulfilling the intent of the legislative authority.

7. Statutes - Construction - Liberal Construction

Considering the statute and underlying purposes, the court may construe the statutes and provisions liberally in order to best effectuate the desired progressive and humanitarian policy.

8. Infants - Juvenile Delinquency Proceedings - Nature of Proceedings

The ultimate aim of juvenile delinquency proceedings is to effectuate the policy against classifying juvenile offenders as "criminals". (15 T.T.C. § 3)

9. Statutes - Construction - Legislative Intent

Where there are rules promulgated as an administrative interpretation of, and administrative supplement to, a statutory policy, failure of the legislating authority to repudiate such an interpretation by later enactments raises a presumption in favor of the correctness of such interpretation.

10. Statutes - Construction - Legislative Intent