Reginam v Prasad [1978] FJSC 107; Review 5 of 1978 (19 May 1978)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 5 of 1978

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Criminal Case No. 1026 of 1977
before Labasa Magistrate Court

REGINAM
Complainant

AND

VISHNU PRASAD
Respondent

ORDER ON REVISION

On the 19th December 1977 at Labasa Magistrates Court the respondent was convicted of being the owner of a dog which bit a girl, contrary to section 5 of the Dogs Act 1968, whereupon the Magistrate purported to impose a fine of twenty five dollars and to order that the dog be destroyed.

Had the Magistrate referred to the relevant section in the Dogs Act, as he should have done, he would have seen that the fine which may be imposed is limited to a maximum of twenty dollars. He would also have seen that he has no power to order a dog to be destroyed in respect of this offence (R. v. Imam Ali Cr. App. 119/77).

In the exercise of the revisional jurisdiction of this Court the fine is reduced to one of ten dollars, the balance to be remitted to the respondent by Labasa Magistrates Court.

The Magistrate's Order that the dog be destroyed is set aside.

Sgd. Clifford H. Grant
Chief Justice

Suva,
19th May 1978.