|
ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
|
|
|
(V13) 1 CLR 73A
1927 December 16
[BELCHER, C.J., LUCIE-SMITH, J., FUAD, J.]
POLICE
v.
CHRYSANTHO YORGHI ZAVOZINICHO.
CRIMINAL PROCEDURE-JURISDICTION-EFFECT OF CYPRUS COURTS OF JUSTICE ORDER, 1927-LAW 1 OF 1886 S. 16 (2) IMPLIEDLY REPEALED.
Appeal of accused from conviction of a Magisterial Court.
Clerides for appellant.
Paschalis (Solicitor-General) for Police.
The accused was charged before a full Magisterial Court on four charges: (1) theft of £14; (2) receiving same; (3) and (4) illegal possession.
CLERIDES: The Magisterial Court had no jurisdiction to try a case of receiving. Law 1 of 1886, Section 16 (2) only authorises a Criminal District Court to try such an offence.
Judgment: The appeal must be allowed Section 16 (2) of the Criminal Procedure Law only authorises a District Court to deal with offences described therein.
The new Order in Council does not recognise the existence of Criminal District Courts, and. therefore Section 16 (2) of Law 1 of 1886 is impliedly repealed.
Appeal allowed; conviction quashed.