R v Collins [1912] ZATPD 38 (26 March 1912)

Magistrate's Court.-Criminal jurisdiction.-Summons ..
-Averment of Statutory Offence. -Reliance on
Charge Sheet.-Proc. 21 of 1902, Rule 74.-Failing,
to Report Scab.-Act 14 of 1911.

In averring a statutory offence the section of the statute
alleged to have been contravened must be stated

Where an accused was charged with failing to report the emistence of scab in a flock of sheep, in contmvention of a statittory Regulation which provided that one element of the offence should be that the owner had discovered or suspected or had reasonable grounds for suspecting the emistence of scab in his flock, and this element was not averred in the summons : Held, that the summons was bad. (Dada Gia vs. R.,1906, T.S. 23, followed).