Re Blandford

This case involved an application by Constable Paul Robert Blandford, who sought a prerogative writ to compel Stipendiary Magistrate Noel Nunan to determine a charge against Leslie Calvin Strickland, who was accused of being in charge of a motor vehicle while under the influence of liquor. The applicant argued that the learned stipendiary magistrate had failed to take into account relevant considerations and had taken into account irrelevant ones when he adjourned the case. The legal issues before the court were whether the learned stipendiary magistrate had jurisdiction to adjourn the case and if he had taken into account irrelevant considerations in doing so.

The court found that the learned stipendiary magistrate had jurisdiction to adjourn the case, but had gone beyond merely adjourning the case and had done so taking into account irrelevant considerations. The court held that the magistrate had a duty to determine the case according to law, and his discretion did not extend to deciding not to determine the case at all. The court found that the learned stipendiary magistrate had wittingly or unwittingly declined jurisdiction and made absolute the order nisi. The court called upon the learned stipendiary magistrate to determine according to law the charge against the defendant which he had commenced to hear.

The final orders made by the court were that the order nisi made on 12 December, 1997 was made absolute and that the learned stipendiary magistrate was called upon to determine according to law the charge against the defendant which he had commenced to hear.