Reginam v Ram [1977] FJSC 176; Review 02 of 1977 (11 March 1977)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 2 of 1977

IN THE MATTER
of the Criminal Procedure Code

AND IN THE MATTER
of Traffic Case No. 167 of 1977
before the Magistrates Court at Suva

REGINAM
Complainant

AND

JATI RAM
s/o TIKARAM
Respondent

ORDER ON REVISION

On the 18th January 1977 at Suva Magistrate Court, on a charge of driving a motor vehicle with a defective parking brake contrary to Regulations 77(4) and 125 of the Traffic Regulations 1974, the respondent was convicted in his absence under the provisions of sections 191 and 211 of the Criminal Procedure Code, and the trial Magistrate recorded a fine of $20 in default of payment one month's imprisonment.

The trial Magistrate has very properly brought to the attention of this Court in its revisional jurisdiction the fact that this was a lapsus calami on his part, and that the normal fine imposed and the fine that he intended to impose was one of $8.

The sentence is accordingly varied to one of $8 in default of payment 14 days' imprisonment.

(Sgd) GRANT, C.J.
CHIEF JUSTICE

Suva,
11th March 1977.