State v Maybir [1997] FJHC 279; HAJ0003.1997 (8 September 1997)

IN THE HIGH COURT OF FIJI
AT SUVA
CRIMINAL REVIEW JURISDICTION

CRIMINAL REVIEW NO.0003 OF 1997

IN THE MATTER of a review of Criminal Case No.66 of 1996 in the Magistrates Court at Navua.

THE STATE

V

JASPER MAYBIR

Counsel: Mr. W. Clark for the State
No appearance of the Defendant

Hearing: 8th September 1997

Decision: 8th September 1997

ORAL DECISION OF PAIN J

This is a case for review by the High Court pursuant to the provisions of Sections 323 to 328 of the Criminal Procedure Code.

On 10th July 1996 the Defendant was convicted in the Magistrates Court at Navua on charges of Careless Driving and Driving an Unlicensed Vehicle and fined $30 and costs on each charge. This was done in the absence of the defendant after formal proof.

It is clear from the objection of the Defendant, the Police reports and a perusal of the Magistrates Court file that the Defendant was never served with a summons. Accordingly, the conviction ans sentence are irregular and cannot be allowed to stand.

The case could be referred back to the Magistrates Court for rehearing. However, in view of the time that has now elapsed, the nature of the charges, the inconvenience and concern caused to the defendant by the issue of committal warrants and the fact that he is now believed to have left Fiji, I consider that is inappropriate.

Accordingly, in respect of the conviction and sentence of the defendant Jasper Maybir in the Magistrates Court at Navua (Criminal Case 66 of 1996) on 10th July 1996 for the offences of Careless Driving (S.37) Traffic Act) and Driving Unlicensed Motor Vehicle (S.9(1) Traffic Act), this Court hereby orders pursuant to Section 325 Criminal Procedure Code as follows:

1. That the convictions imposed upon the Defendant on both charges be quashed.

2. That the sentences of a fine of $30 and costs imposed on each charge be quashed.

Justice D.B. Pain