Flynote and Headnote
[1] Criminal procedure - Charges - Duty of Prosecution to bring most serious charge warranted by facts.
When the evidence justifies a prosecution for aggravated robbery, 20 the prosecution must bring that charge rather than the lesser charge of robbery.
[2] Criminal procedure - Transfer of Proceedings - Magistrate's Duty to commit accused for trial to High Court when evidence discloses offence beyond magistrate's Jurisdiction. 25
Where the evidence justified a charge of aggravated robbery (an offence reserved for trial by the High Court) but the prosecution had only charged robbery (which may be tried by a magistrate), the magistrate, after a preliminary inquiry, should have committed the accused for trial to the High Court