Reginam v Lal [1978] FJSC 90; Review 3 of 1978 (19 May 1978)

IN THE SUPREME COURT OF FIJI
REVISIONAL JURISDICTION

Review No. 3 of 1978

IN THE MATTER of the Criminal Procedure Code

AND IN THE MATTER of Criminal Case No. 97 of 1978
before Labasa Magistrates Court

REGINAM
Complainant

AND

HIRA LAL
s/o SUKAI
Respondent

ORDER ON REVISION

On the 30th January 1978 at Labasa Magistrates Court the respondent was convicted of keeping a dog without a licence contrary to section 10(1) of the Dogs Act 1968, whereupon the Magistrate purported to impose a fine of twenty five dollars.

Had the Magistrate taken the elementary precaution of checking the penalty section in the Dogs Act he would have seen that the fine which may be imposed for this offence is limited to a maximum of twenty dollars.

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.

(Sgd.) Clifford H. Grant
Chief Justice

Suva,
19th May 1978.