Reginam v Narayan [1977] FJSC 124; Review 12 of 1977 (6 October 1977)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 12 of 1977

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Traffic Case No. 4102 of 1977
before the Magistrates Court at Suva

REGINAM
Complainant

AND

SHIU NARAYAN
s/o Shiu Charan
Respondent

ORDER ON REVISION

The respondent was, on 20th September 1977, convicted of careless driving contrary to section 37 of the Traffic Ordinance and was fined thirty dollars, in default 6 days' imprisonment. In addition his driving licence was ordered to be endorsed.

The respondent was not present at the hearing.

A few days later the prosecuting officer advised the Court that the formal proof in respect of this case did not at all accord with what had actually occurred. The error arose owing to the fact that another person of the same name had been charged about the same time with careless driving in relation to a completely different incident. The formal proof given in this case described that incident and had nothing whatever to do with the respondent. The hearing was, therefore, based on mistaken identity and was a nullity.

The file has been forwarded to this Court so that its revisional powers may be used to rectify the error. In exercise of those powers I set aside the conviction and sentence.

The case will be dealt with de novo.

(Sgd.) (G. MISHRA)
Acting Chief Justice

Suva,
6th October 1977