P-15 - Summary Convictions Act

Section 104 Disposition versions

1977-12-31

104. (1)  The following matters, amongst others, shall be held to be within the provisions of section 103:

(a)  The statement of the adjudication, or of any other matter or thing, in the past tense instead of in the present;

(b)  The punishment imposed being less than the punishment by law assigned to the offence stated in the conviction or order, or to the offence which appears by the record to have been committed;

(c)  The omission to negative circumstances, whether stated by way of exception or otherwise in the section of the act creating the offence or in another section of the same act, the existence of which would prevent the action complained of from being an offence under the said act.

(2)  Nothing in this section contained shall be construed to restrict the generality of the wording of section 103.

R. S. 1964, c. 35, s. 98.