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R.v. Nanju Kara, Crim. App. 26-D-67; -/3/67; Hamlyn, J.



R.v. Nanju Kara, Crim. App. 26-D-67; -/3/67; Hamlyn, J.

This is an appeal by way of case stated. Accused was charged with failure to pay an employee the statutory minimum wage, but no plea was taken from the accused.

            Held: (1) Where no plea is taken from an accused, everything that follows in the proceedings is a nullity. (2) Therefore, there has been to “hearing and determination” (Crim. Proc. Code s. 333) by the court, and consequently no “case” which can be stated on appeal. (3) The omission of the trial court here was not proceedings were a nullity, accused was never tried, and the Republic can proceed de novo against him.

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