Key legal question
Whether the refusal to proceed on the criminal complaint should be upheld because the alleged facts did not constitute any offence and no investigation could change that assessment.
Extracted holding
The complaint described no criminal offence; further investigation would not alter that conclusion, so a prosecution was excluded from the outset.
Extracted reasoning
A refusal to proceed is justified when the facts make a conviction or finding of guilt impossible with certainty. The appellant’s allegations, as understandable from the complaint and appeal, did not disclose any offence and appeared instead to concern his internment.