10/01/1984

OF CRIMINAL APPEAL (INFERIOR)

AGIUS CARMEL A.

THE POLICE vs WILLIAM ERIC DOBSON

N/A

-

N/A

APPEAL APPLICATION - ATTORNEY GENERAL

If the Attorney General fails to file the record of proceedings together with his application of appeal in the Superior Court in terms of section 431 (2) of the Criminal Code (today S 419 (2)), such record does not exist before that Court and therefore, the Court of appeal cannot take cognizance ofsuch record. In matters of procedure there cannot be a filing of an act "in vacuum" as every act that is filed in the registry or even during a sitting must of necessity bear a statement by an authroised official certifying the filing, the date thereof and the name of the person filing that act. Anything short of this would be tantamount to rendering the rules and notions of procedure useless.