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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V10) 1 CLR 128
1913 April 16
[TYSER, C.J.AND FISHER, J.]
POLICE
v.
PARASKEVA GEORGHI AND ANOTHER.
CRIMINAL PROCEDURE-MAGISTERIAL COURT-SUMMARY JURISDICTION-CHARGE NOT WITHIN THE CYPRUS COURTS OF JUSTICE ORDER, 1908, SCHEDULE 1, PART 1- CONSENT-CONVICTION OF OFFENCE WITHIN SUMMARY JURISDICTION WITH CONSENT.
The Appellants were brought before a Magisterial Court charged with larceny and unlawful possession of some rafters the value of which was not stated in the charges. They consented to be tried summarily and pleaded not guilty. The evidence for the prosecution showed that the value of the rafters was more than £2, but after some evidence for the defence had been heard the charges were modified (without any formal amendment being made) so as to reduce the value of the subject matter of the charges to under £2. The Court convicted the Appellants.
HELD: That the convictions were bad inasmuch as the consent of the Appellants to be tried summarily had been given in respect of offences which it was not competent for the Court to try summarily and no consent to be dealt with summarily had been given by them in respect of the offences of which they had been convicted.