Rex v Dad (Cr. Rev. Case No. 35/1936)
Rex v Dad (Cr. Rev. Case No. 35/1936) [1936] EACA 134 (1 January 1936)
The court held that a magistrate in committal proceedings is entitled to weigh the evidence and is not bound to commit for trial solely because there is evidence which, if believed, would support a conviction. The guiding principle is that if the magistrate is of the opinion that the effect of the evidence is such that it ought not reasonably to satisfy the trial court of the accused's guilt, he should dismiss the charge. In this case, the magistrate found the evidence insufficient to establish culpable negligence and refused to commit the accused for trial. The High Court found no reason to…
Source excerpt
- Committal Proceedings
- Magistrate Discretion
- Weighing Evidence
- Manslaughter
- Culpable Negligence