KPANGAY v. REGINAM ((W.A.C.A. Cr. App. No. 1/57)) [1957] SLCA 1261 (23 March 1957);

Section 90, as amended, of the Criminal Procedure Ordinance (cap. 52), which requires a magistrate
trying a summary conviction offence to record the reasons for his decision, is directory and not mandatory and omission to give reasons will not invalidate a conviction where no failure of justice has occurred

In the absence of an express provision that failure to comply with a statute will invalidate the proceedings, the intention of the legislature as to whether an enactment is mandatory or directory
is to be ascertained by weighing the consequences of holding it to be directory or imperative (page 6, lines 14-16).

Search Summary: 

Criminal Procedure-appeals

Statutes - operation - mandatory and directory enactments

Law Report Citation: 
1957-60 ALR S.L. 4