11/10/1952

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs GEORGE STEVENS

N/A

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N/A

APPEAL - EXTINCTION OF ACTION

An order by the Court to the effect that proceedings against the accused be stayed, whereby it appears that in the opinion of the Court proceedings should have never taken place, does not entitled theAttorney General to enter an appeal from that order on the ground of extinction of action. Although that procedure is wrong, as the Court below should have dealt with the relative plea as a plea ofwaiver of the criminal action, that irregularity does not authorise the Court, on an appeal by the Prosecution, to reform and reconstruct that faulty order in such a way as to make it an appellable judgement. The Appellate Court must look at the order as it is; and, however incorrect that order isnot subject to appeal.