6Dispute of necessary territorial nexus in crimes dealt with summarily

6 Dispute of necessary territorial nexus in crimes dealt with summarily

(1)  If a person charged with a crime which is triable summarily disputes the existence of the necessary territorial nexus, the court is to proceed with the trial in the usual way.

(2)  If raised before the trial, the issue of whether the necessary territorial nexus exists must be reserved for consideration at the trial.

(3)  If the court is satisfied on the balance of probabilities that the necessary territorial nexus does not exist –

(a) the court, subject to subsection (4) , must return a finding to that effect; and

(b) the complaint is to be dismissed.

(4)  If the court, irrespective of whether or not there was a territorial nexus, would find the person not guilty of the crime (but not on the ground of insanity), it must return a finding of not guilty.