John Joseph v. R., (PC) Crim. App. 13-A-68, 16/9/68, Platt J.

John Joseph v. R., (PC) Crim. App. 13-A-68, 16/9/68, Platt J.

Accused was charged with stealing. When the trial commenced the prosecutor entered two additional counts; accused did not plead to these new charges. Accused had answered the original count, and his conviction thereon was affirmed.

            Held: (1) The Primary Court Magistrate acted properly in admitting the additional charges at the commencement of the trial. [Primary Court Criminal Procedure Code (Third Schedule to the Magistrates’ Courts Act), para. 21. This paragraph permits but does not require a magistrate to allow the entering of additional charges]. (2) As the appellant was not arraigned on (i.e., required to plead to) the two new counts, the trial in respect of them was “null and void.[Primary Court Criminal Procedure Code, para 27].