Tama Nou v The State (1990) N892

• Jurisdiction: Papua New Guinea
• Citation: (1990) N892
• Date: 07 May 1990
• Court: National Court
• Year: 1990

Full Title: Tama Nou v The State (1990) N892

National Court: Sheehan J

Judgment Delivered: 7 May 1990

1 Criminal procedure—appeal—District Court—traffic charge—appellant failed to appear—bail forfeited—information dismissed—power of magistrate to dismiss charges in absence of defendant

2 APPEAL—District Court—Traffic Charge—Appellant fails to appear Prosecutor obtains estreatment of bail and dismissal of informations power of Magistrate to dismiss charges in absence of defendant.

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Sheehan J: The Appellant is a bus driver charged with driving through the traffic lights at the Taurama Intersection, contrary to s129(2) and s243 of the Transport Regulations. Simply put he drove through the intersection when the light were against him.

When the matter first came before the District Court on the 29 May 1989, the Appellant appeared and pleaded not guilty to the charge. The matter was then adjourned for hearing on the 28 July. On that day the Appellant did not appear whereupon according to the records, the Prosecution applied for the matter to be struck out and the appellant's bail to be forfeited.

The Learned Magistrate, granted that application and ordered that the matter be struck out and the appellant's K100.00 bail be forfeited to the State.

This appeal was then lodged upon the following grounds:

"1. that there was an error in law on the order for...