Read the full judgment text of CACC 000034/1970 on BabelCite. This Court of Appeal judgment was delivered on 2 April 1970 before Rigby, C.J..
Criminal procedure – appeal by case stated – right of Attorney General to appeal – Magistrates Ordinance section 105 – fine imposed on police witness for non-attendance – summary action under sections 21(2) or 40 of Magistrates Ordinance – whether order was a 'determination' related to an 'offence' within meaning of section 105 – whether Attorney General was a 'party' or 'person aggrieved' – the issue is whether the Attorney General has a right of appeal by way of case stated against a fine imposed on a police constable for non-attendance as a witness, where the fine was wholly unrelated to the substantive charge before the magistrate – the court held that the Attorney General has no such right – the right conferred on the Attorney General under the latter part of section 105 was designed for cases involving matters of public interest, public policy, or correct interpretation of legislation, such as private prosecutions – the order here was purely incidental to the original proceedings and personally affected only the police constable, so only he could appeal – the phrase 'any person aggrieved' means a person who has suffered a legal grievance as a result of an order made against them – appeal dismissed as not properly before the court.
Legal issues: Whether the Attorney General has right of appeal by case stated against a fine imposed on a police witness
Outcome: Appeal dismissed as not properly before the court.