mancityfan wrote:
Towards the end of his argument Mr Neish drew our attention to the fact that it was nowhere below proved, on behalf of the local authority, that a resolution has, in fact, been passed under s 45 of the Act, applying that Act to the district of the city of Hull. Therefore, the fact at the basis of all this law that this is a controlled district was never proved. Mr Sampson, who has dealt with this matter very fairly on behalf of the prosecutor, accepted that it was incumbent upon the local authority to prove (no doubt as a formal matter, but it was not done) that the Act had been applied to the Hull district and therefore the necessary precondition of all these offences, that Mr Wilson was acting in a controlled district, had not been made out.
I see no answer to this objection. It may be regarded as a technical, and even unattractive, point but it is properly taken. That means that there would be no point in remitting this case to the Magistrates because even if it were remitted there would be a fatal gap in the evidence that was before them on the first occasion, which could not now be filled: as I put to Mr Sampson in argument, and he properly accepted, if Mr Wilson had been represented below, and that representative had properly waited until the end of the prosecution case and then submitted there was no case to answer because of this defect in the prosecution evidence, it would have been extremely difficult for the prosecutor to argue that he should be allowed to reopen his case.
Any idea what case this refers to??