Convictions quashed 263 masika so nusurupia v r crim

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the evidence is insufficient to support the convictions. Convictions quashed. 263. Masika s/o Nusurupia v. R., Crim. App. 31-A-67, 2/12/67, Seaton J. Accused was convicted of cattle theft. During the course of the trial the accused responded to a query by the court: “Yes, I have been charged with the offence of stealing of coffee in 1960, I was found guilty and was imprisoned for 6 months in jail. (The trial record records the testimony given by participants, but not the question asked.) Held: (1) “It would appear from this reply that the court asked the appellant a question tending to show that he had committed or been convicted of a pre- vious offence or that he was of a bad character.” [Citing Evidence Act, sec 56(4).] (2) The Court then had to decide whether this irregularity or error had in any way occasioned a failure of justice. [Citing Magistrates’ Courts Act, sec. 32 (2).] Be- cause other irregularities had also taken place during the trial, conviction was quashed. 264. Robinson s/o Pili v. R., Crim. App. 41-D-68, 15/5/68, Georges C. J. Accused, a plumber at a mission hospital, was convicted of stealing by servant. There was evidence that various tools including a spanner, screwdriver, iron cut- ter and wheelbarrow were found at accused ’s house. Accused ’s defence was that some of the tools were his personal property and that he had received per- mission to borrow the wheelbarrow and iron cutter, which he admitted were the
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property of the mission. The trial court rejected the defence on the ground that he did not believe it to be true. Held: (1) One could expect to find tools such as a spanner and screwdriv- er at the house of any craftsman, and in the absence of any identifying mark, ac- cused should not have been expected to give any account of his possession oth- er than to say that they were his. (2) With regard to accused ’s explanation that he had borrowed some of the tools with permission, the proper test is whether the explanation was a reasonable one which could possibly be true; if so, it should have been accepted even though the magistrate had doubts as to its truthfulness. Conviction quashed. ( 1968)H.C.D. - 95 – 265. R. v. Mipaa @ Masanja s/o Mananjimia , Crim. Rev. 158-A-67, 21/2/68, Sea- ton J. Accused was convicted of assault causing grievous harm [P. C. s. 225] on evi- dence that he hit complainant with his fist causing her to lose one tooth. Held: The loss of one tooth in the circumstances of this case did not cause such permanent or serious injury or disfigurement as to amount grievous harm. [Citing Reg. V. Ali s/o Fakili, 2 T. L. R. (1954) 44; Russell on Crime, 10 th edn. (1950) p. 690]. Conviction for assault causing actual bodily harm. (P. C. s. 241) substituted. 266. Joaquin Gregory D’Silva v. R., Crim. App. 167-D-68, 6/5/68, Hamlyn J. Accused was convicted of failing to comply with a notice from the Principal Immi- gration Officer ordering him to leave Tanzania [Immigration Act, Cap. 534, s. 23 (1) (j)]. The Prohibited Immigrant Notice, issued on 14 November 1967, stated that the Minister for Home affairs had declared accused to be an undesirable immigrant; it directed accused to leave the country within 14 days. Accused ad- mittedly overstayed the period. The Minister did not testify at the trial. The Prin- cipal Immigration Officer testified that he was informed of the declaration by tele-
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phone, and on that bases issued the Notice. The Principal Secretary to the Minis-
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