Rex v Shah (Cr. App. 10/1932.)
Rex v Shah (Cr. App. 10/1932.) [1932] EACA 19 (1 January 1932)
The Second Class Court lacked jurisdiction to try the appellant, a non-native, for an offence under section 117 of the Penal Code, as only a First Class Magistrate is empowered to do so. Furthermore, the letter (exhibit 3) presented as the alleged order was merely a warning and did not constitute a lawful order as contemplated by section 117. Non-compliance with such a warning does not amount to an offence under the Penal Code. The conviction was therefore quashed and any fine paid must be refunded.
Source excerpt
- Jurisdiction Of Magistrates
- Disobedience Of Lawful Orders
- Interpretation Of Penal Code
- Nature Of Orders Under Penal Code