Page 119 - Magistrates Conference 2019
P. 119

“only if good cause is shown”









          “good cause” – substantial reason, one that affords a legal excuse. Legally

          sufficient ground or reason. Phrase “good cause” depends upon circumstances

          of individual case, and finding of its existence lies largely in discretion of


          officer or court to which decision is committed. Wilson v Morris Mo., 368 S.W.

          2  402- BLACK’S LAW DICTIONARY 5                                                            TH   EDITION.
             nd





          Examples:


          • defendant arrested night before and brought to court the next morning and


              need time to seek Counsel: Allette v Chief of Police (1965) 10 WIR 243;


          • where absent defendant had denied offence in contradiction of positive


              evidence adduced by prosecution: DPP v Gokceli (1988) 153 JP 109, DC
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