R v Flederman [1911] ZATPD 59 (2 May 1911)

Criminal Law - Appeal - Magistrate's Court - Point as to Jurisdiction not taken in Court below

Sect.9(2) of the Betting Act (37 of 1909) provides that every prosecution for an offence against that Act shall take place within one month after the offence is alleged to have been committed.

Held, that a conviction for a contravention of the Act, prosecuted more than one month after the alleged contravention, must be set aside on appeal on the ground of prescription, notwithstanding the fact that that point had not been taken in the Court below.