CRIMINAL PROCEDURE.
No. 9 of 1899.
899
previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the accused person.
65. On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Attorney General on the former trial, together with the judge's notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
Case punishable on summary conviction.
is committed
**
66.(1) If, either before or during the trial of an accused person, it appears to the court that such person has been guilty of an offence punishable only on summary conviction, the court may either order that the case shall be remitted to a magistrate with such directions as it may think proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as might have been imposed by a magistrate and as the court may deem proper.
(2) It shall be the duty of the magistrate to whom any such directions are addressed to obey the same.
Verdict and judgment.
provision for verdict in
67.--(1) No verdict of any jury against any person, and no sentence of the court on any person, who is found guilty of larceny, embezzlement, fraudulent application or disposition of anything, or obtaining anything by false pretences shall be set aside or reversed, if on the trial there was evidence to prove that such person committed any one of such offences.
(2) The punishment awarded against such person shall not exceed the punishment which could have been awarded for the offence actually committed, according to the proper legal designation thereof, and no person so convicted shall be liable to be afterwards prosecuted for any such offence on the same facts.
*
As amended by Law Rev. Ord., 1924.
CRIMINAL PROCEDURE.
No. 9 of 1899.
899
previous conviction; and it shall not be necessary for the purposes of this section to charge in the indictment the previous conviction of the accused person.
65. On the trial of an issue on a plea of autrefois convict Proof on trial or autrefois acquit, the depositions transmitted to the Regis- of plea of autrefois trar or Attorney General on the former trial, together with couriet or the judge's notes, if available, and the depositions transmitted equi to the Attorney General on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
Case punishable on summary conviction.
is committed
**
66.(1) If, either before or during the trial of an accused Procedure person, it appears to the court that such person has been where person guilty of an offence punishable only on summary conviction, for trial the court may either order that the case shall be remitted to through error. a magistrate with such directions as it may think proper or allow the case to proceed, and, in case of conviction, impose such punishment upon the person so convicted as might have been imposed by a magistrate and as the court may deem proper.
(2) It shall be the duty of the magistrate to whom any such directions are addressed to obey the same.
Verdict and judgment.
provision for
verdict in
67.--(1) No verdict of any jury against any person, and Special no sentence of the court on any person, who is found guilty saving of larceny, embezzlement, fraudulent application or disposi- validity of tion of anything, or obtaining anything by false pretences cases of shall be set aside or reversed, if on the trial there was larceny, etc. evidence to prove that such person committed any one of such offences.
(2) The punishment awarded against such person shall not exceed the punishment which could have been awarded for the offence actually committed, according to the proper legal designation thereof, and no person so convicted shall be liable to be afterwards prosecuted for any such offence on the same facts.
*
As amended by Law Rev. Ord., 1924.
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