Read the full judgment text of CACC 000402/1968 on BabelCite. This Court of Appeal judgment was delivered on 22 August 1968 before Morley-John, J..
Criminal law – unlawful assembly – assaulting police officer – resisting arrest – appeal against conviction dismissed – appeal against sentence – fine of $3,000 – capacity to pay – Reg. v. Churchill – fine quashed – default imprisonment set aside – sentences of imprisonment affirmed – appellant was a carpenter earning $400 per month – no inquiry into ability to pay – principle that fine must be within offender's capacity to pay.
Legal issues: Proportionality of fine and inquiry into ability to pay
Outcome: Appeal against conviction dismissed; appeal against sentence allowed in part: fine of $3,000 and default imprisonment of 3 months quashed; other sentences affirmed.
Cited by 1 case