R. v. Pangaras s/o Liprima, Crim. Rev. 13-D-68, 11/3/68, Biron J.
After convicting accused of causing death by dangerous driving [Cap. 168, sec. 44A] the district magistrate doubted whether he had jurisdiction to ever have heard the case. Accordingly, he forwarded the proceedings to the High Court for necessary action in revision.
Held: Section 44A(2) provides for the hearing of cases such as this one by resident magistrates; this term embraces only resident magistrates and senior resident magistrates. As the district magistrate had no jurisdiction to hear the case, the proceedings were declared a nullity and the purported conviction quashed.
0 Comments
PLACE YOUR COMMENT HERE
WARNING: DO NOT USE ABUSIVE LANGUAGE BECAUSE IT IS AGAINST THE LAW.
THE COMMENTS OF OUR READERS IS NOT OUR RESPONSIBILITY.