Director of Public Prosecutions v Goulding [1977] FJSC 91; Criminal Appeal 114 of 1977 (28 October 1977)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Criminal Appeal No. 114 of 1977

DIRECTOR OF PUBLIC PROSECUTIONS
Appellant

v

COLIN PETER GOULDING
Respondent

JUDGMENT

The respondent was charged before the Magistrate's Court Suva with Careless Driving contrary to section 37 of the Traffic Ordinance. After the first prosecution witness had given evidence, the prosecutor sought to withdraw the charge whereupon the learned Magistrate acquitted the respondent under section 192(2)(b) of the Criminal Procedure Code. At the application of the respondent's Counsel the Court awarded $50 costs against the prosecution.

The Director of Public prosecutions appeals against the order of costs.

Learned Counsel for the respondent, without going into the merits of the appeal, indicates that be does not oppose it as his client is not interested in costs. He has already indicated to the Director of Public Prosecutions that his client does not want the costs awarded by the Court.

I will, therefore, set aside the order without considering the merits of the appeal, as it is undesirable to have in existence an order which, because of the stand taken by the respondent, does not require to be executed.

R.G. Mishra
JUDGE

Suva
28th October 1977