Reginam v Deo [1978] FJSC 118; Review No. 7 of 1978 (19 May 1978)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 7 of 1978

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of the Criminal Case No. 98 of 1978
before Labasa Magistrates Court

REGINAM
(Complainant)

AND

JAG DEO s/o RAN DASS
(Respondent)

ORDER ON REVISION

On the 31st January 1978 at Labasa Magistrates Court the respondent was convicted of being the owner of a dog which bit a man, contrary to section 5 of the Dogs Act of 1968, whereupon the Magistrate purported to impose a fine of twenty five dollars and to order that the dog be destroyed.

The maximum permissible fine is limited to twenty dollars, and the Magistrate had no power in respect of this offence to order the dog to be destroyed (see R. v. Vishnu Prasad Review No. 5 of 1978).

In the exercise of the revisional jurisdiction of this Court the fine is reduced to fifteen 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.