Gordon-Smith A-G JA:

The Respondent in this case was charged at the Magistrate's Court, Raub, on 14 September 1939, with the following offences -

(a) Section 13(I) of the Road Traffic Enactment, 1937 and punishable under s. 118 (I) of the said Enactment;

(b) Section 44(I) of the Road Traffic Enactment and was acquitted and discharged without being called upon to defend.

Against this decision the Public Prosecutor appealed on the ground that the learned Magistrate in coming to the conclusion that a prima facie case had not been made out against the respondent was against the weight of evidence having regard to the fact that the Prosecution had, inter alia, adduced evidence

(a) that the Respondent was driving a motor cycle;

(b) that the Respondent failed to produce his licence when called upon to do so;

(c) that the motor cycle in question was not the property of the respondent;

(d) that the motor cycle was driven by the Respondent without the consent of the owner. At the hearing of the appeal the learned Judge allowed the appeal and ordered a new trial before another Magistrate.

- This was an appeal by the Public Prosecutor against the decision of the Magistrate in