ALTERATION OF A PENALTY

Press, Volume LXXVII, Issue 23378, 11 July 1941, Page 9

ALTERATION OF A PENALTY

MAGISTRATE’S POWERS (P.A.) WELLINGTON, July 10. For the guidance of magistrates, it has been pointed out by the Full Court that, except on a rehearing, a magistrate may not increase the fine or imprisonment imposed (a) after the final rising of the Court on the day the case is dealt with, or (b) even upon that day after a minute or memorandum of conviction has been made.

The point arose in connexion with a case in which a man was fined £2 by a magistrate on a charge of operating a motor-lorry in such mechanical condition that it caused damage to property. Three days later, at the request of counsel for the defendant, the magistrate increased the fine to £5 Is to enable a general'appeal to be taken from the conviction. The questions for decision by the Full Court were; (a) Whether a magistrate, once a conviction had been recorded and entered in the record book, had the jurisdiction to increase the fine to an amount sufficient to enable ah appeal to be lodged; (b) whether the magistrate was justified, on the facts before him, in convicting the defendant. In view of the decision on the first point, the appeal was dismissed, with seven guineas costs.