|
ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
|
|
|
(V10) 1 CLR 127B
1912 November 30
[TYSER, C.J. AND FISHER, J.]
POLICE
v.
HUSSEIN ZEIBEK.
CRIMINAL PROCEDURE MAGISTERIAL COURT-SUMMARY JURISDICTION WITH CONSNT CYPRUS COURTS OF JUSTICE ORDER, 1908, CLAUSE 3-CONSECUTIVE SENTENCES.
The Defendant was charged before a Magisterial Court with seven offences, three of which were not triable summarily except with his consent. He pleaded not guilty and gave a general consent to be tried summarily, and all the charges were heard together. The Court convicted him on the said three charges, and sentenced him to three months imprisonment in respect of each of them, and directed that the three terms of imprisonment should run consecutively.
HELD: That the Magisterial Court had exceeded the jurisdiction conferred upon it by Clause 48(b) of the Cyprus Courts of Justice Order, 1882,.as amended by Clause 3 of the Cyprus Courts of Justice Order, 1908, and that it had no power in the exercise of such jurisdiction to order imprisonment for a longer term than three months.