Procedural Law-viz criminal review.
Charge-viz framing of charges re citation of charge.
Indictment-viz framing of charges re citation of charge.
Parks and Wildlife Management-viz using a vessel during the night re section 37(1)(b) of the Parks and Wildlife Management Regulations, S.I.362 of 1990.
Parks and Wildlife Management-viz using a vessel during the night re section 37(1)(b) of the Parks and Wildlife Management Regulations, SI 362 of 1990.
Parks and Wildlife Management-viz using a vessel during the night re section 37(1)(b) of the Parks and Wildlife Management Regulations, S.I.362/1990.
Parks and Wildlife Management-viz using a vessel during the night re section 37(1)(b) of the Parks and Wildlife Management Regulations, SI 362/1990.
Parks and Wildlife Management-viz using a vessel during the night re section 37(1)(b) of the Parks and Wildlife Management Regulations, S.I.362/90.
Parks and Wildlife Management-viz using a vessel during the night re section 37(1)(b) of the Parks and Wildlife Management Regulations, SI 362/90.
Parks and Wildlife Management-viz using a vessel during the night re section 37(1)(b) of the Parks and Wildlife Management Regulations, Statutory Instrument 362 of 1990.
This is
a review matter forwarded to me for confirmation, having been handled by my
brother NDOU J who has since left the Judiciary. Before he left, he had
raised a query regarding the wrong citation of the charge sheet.
The
learned trial magistrate has acknowledged his oversight of the same.
I have
perused the record and I am also of the opinion that the citation of the charge
is wrong.
The
record of proceedings is confirmed as being in accordance with real and
substantial justice, but, the charge sheet is corrected to read contravening
section 37(1)(b) of the Parks and Wildlife Regulations, Statutory Instrument
362/1990 as read with section 129(1) of the Parks and Wildlife Act [Chapter
20:12], “using a vessel during the night.”
CHEDA
J: This is a review matter forwarded to me for confirmation, having
been handled by my brother NDOU J who has since left the Judiciary.
Before he left he had raised a query regarding the wrong citation of the charge
sheet.
The learned trial magistrate has
acknowledged his oversight of the same.
I have perused the record and I am also of
the opinion that the citation of the charge is wrong.
The record of proceedings is confirmed as
being in accordance with real and substantial justice, but, the charge sheet is
corrected to read contravening section 37 1(b) of the Parks and Wildlife
Regulations Statutory Instrument 362/1990 as read with section 129 (1) of the
Parks and Wildlife Act [Chapter 20:12], “using a vessel during the night.”
CHEDA J:
KAMOCHA J agrees
