Being given the option recalling and previous

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being given the option recalling and previous witnesses and cross-examining them – the procedure outlined in s. 21 of the Third Schedule to the Magistrates Courts Act.” (3) The irregularities of procedure might not have been fatal to the convictions of accused had the evidence clearly indicated that he was guilty of the offence charged. As it did not, the conviction could not stand. 313. Masika s/o Nusurupia v. R., Crim. App. 31-A-67, 2/12/67, Seaton J. Accused, charged in Primary Court with theft of one head of cattle, was convicted of being in possession of stolen property. On appeal to the District Court, the conviction was quashed and a conviction on the original charge was substituted, resulting in the imposition of the statutory minimum sentence. During the original
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trial, the court had questioned accused to bring out evidence of a prior conviction. Furthermore, when accused claimed innocence. (1968)H.C.D. - 116 – And testified that another man had sold him the cattle, the court had the other man charged with theft and took evidence which was then used in the case against accused. Held: (1) The Primary Court erred in opening the second case and using evidence obtained there against accused. The court should have used its powers under section 15(3) of the Magistrates Courts Act, Cap. 537, to call the other man to testify. (2) It would appear that the court asked the appellant a question tending to show that he had committee or been convicted of a previous offence or that he was of bad character. This prohibited by section 56(4) of the Evidence Act. The court allowed the appeal despite the fact that it was out of time. 314. Ngulila s/o Mwakanyemba , Crim. Rev. 48-D-68, 31/5/68, Duff J. Accused was convicted of buying a specified agricultural product contrary to sec- tion 13 (2) of the Agricultural Products (Control and Marketing ) Act, Cap. 486. In addition to a fine imposed, it was ordered that the produce involved be forfeited. Held: “Every forfeiture order should specify the authority under which it is made and should contain sufficient reasons to show that the magistrate applied his mind judicially to the question whether or not the order should be made.” In this case there was no provision authorising the forfeiture. Ordered that the value of the produce be refunded to accused. [But, of. National Agricultural Products Board Act, 1964, Acts 1964 No. 39, s. 5(1) which applies to the National Agricul- tural Products Board but not to other Boards and which provides: “In relation to the Board …. The principal Act shall have effect … (i) as if it were provided in section 13 thereof that … where a person is convicted of any offence contrary wither to that Act or to this Act, the court may order that any produce in respect of
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which the offence was committed shall be forfeit to the United Republic. “ --- Edi- tors].
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  • Fall '17
  • Dean Majamba

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