101-NLR-NLR-V-22-DANIEL-v.-FERNANDO.pdf
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1021.
Present: Shaw J.
DANIEL v. FERNANDO.
167-*P. C. Colombo, 20,422.
Conviction for being drunk and disorderly—Binding over to keep thepeace—Criminal Procedure Code, s. SO.
The accused was convicted of being drunk and disorderly ina public place'under the Police Ordinance, and bound over to keepthe peace under section 80 of the Criminal Procedure Code.
Held, that the offence of being drunk and disorderly is not anoffence which involves a breach of the peace, and that the orderbinding him over to keep the peace was wrong.
r j ^HE facts appear from the judgment.
Hayley, for appellant.
Sansoni, for respondent;
March 3, 1921. Shaw J.—
The accused has been convicted under the Police Ordinance ofhaving been drunk and disorderly in a public place. The Magistratehas sentenced him 'to fourteen days’ rigorous imprisonment, andhas also bound him over to keep the peace under section 80 of. theCriminal Procedure Code. Section 80 provides for the binding overof people who are convicted of any offence which involves a breach
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of the peace or of committing criminal intimidation by threateninginjury to persons or property or of being a member of an unlawfulassembly. The offence of being drunk and disorderly is not anoffence which involves a breach of the peace, nor do I think it isan offence which involves a breach of the peace where the disorderlyconduct which constitutes the offence is, as it was in the presentcase, using indecent language and uttering threats to people. Ifit had been desired to get the accused bound over under this section,he shouldhave been charged with the offence of criminal intimidation,when he might have been bound over under the seotion had he beenfound guilty of that offence.
I vary the order of the Magistrate by deleting the order forbinding over to keep the peace.
1921.
Shaw J.
Daniel v.Fernando
Varied.