Reginam v Ali [1977] FJSC 123; Review 11 of 1977 (4 October 1977)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 11 of 1977

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Traffic Case No. 3516 of 1976
before the Magistrates Court at Suva

REGINAM
Complainant

AND

ABAS ALI
s/o Abdul Razak
Respondent

ORDER ON REVISION

On 31st March 1976 the respondent was convicted before the Magistrates Court Suva of exceeding speed limit contrary to Suva Traffic Order 22 of 1971 and section 88(3) of the Traffic Ordinance and was fined $6 and ordered to pay $4 costs. The respondent paid this amount.

Owing to some error on the part of police Prosecutor's staff the respondent was charged again with the same offence arising out of the same facts. He was convicted again on 29th June 1976 and was again fined $6 and ordered to pay $4 costs. The two files have been forwarded to me with a request that the revisional powers of this Court be exercised to rectify the error.

In exercise of those powers I quash the conviction entered on 29th June 1976 against the respondent and set aside the fine and costs. This amount, if paid, shall be refunded to the respondent.

Sgd. (G. Mishra)
Acting Chief Justice

Suva,
4th October 1977