Section 152: Differently constituted Court – Trial—The appellant was convicted by

152. Differently constituted Court – Trial—The appellant was convicted by the District Court on 2 counts, and appealed on the ground that the Magistrate who delivered the judgment had not heard all the evidence. The respondent submitted that on one count the judgment should not be quashed following the principle in Curpen v R (1987) that where the only relevant part of the evidence in a case heard before a differently constituted Court was given by formal witnesses and not seriously disputed the decision of the convicting Court need not be quashed. HELD the Magistrate who delivered the judgment had not heard material evidence. Samputh v R (1987).