Held 1 a clear chain of evidence was not established

Info icon This preview shows pages 223–226. Sign up to view the full content.

Held: (1) A clear chain of evidence was not established showing that the glass examined by the expert was the same glass as was found at the scene of
Image of page 223

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

the offences. It is not satisfactory for one police officer to say he took the glass and the expert to say that another police officer gave him the glass unless some explanation is given. In such circumstances there is not certainty that the exhibits have not been tampered with. (2)Since the fingerprints form introduced into evi- dence was not identified by the officer who prepared the form or by any witness to its preparation, there is not evidence that the form examined by the expert was that taken from the accused. The convictions were quashed. 127. R. v. Petrol s/o Kakimala , (PC) Crim. App. 590-M-66; 14/4/67; Platt, J. Accused was convicted of theft. After the close of the evidence, but before judg- ment was entered, the court investigated accused ’s character. The magistrate called accused ’s father, who said accused stole from time to time, and had been in prison eight times. Accused denied this, but was not given a further opportunity for rebuttal or cross examination. The father had sent his son away from home more than thirty years ago. Held: (1) An accused ’s character must not be put into evidence until after a judgment of conviction has been entered. Such evidence is highly prejudicial and proves nothing as to the offence charged. (2) This was not so clear a case that the magistrate could not have been influenced by the character evidence. Conviction quashed. 128. R. v. Christopher Makunja , Crim. App. 225-M-67; 24/5/67; Platt, J Accused was convicted of stealing by a public servant (P.C. ss. 265, 270) and with failing to issue a ticket or receipt within half an hour (East African Railways and Harbours Act, 1950, as amended in 1953, s. 70(Q)). After the accused had given evidence he requested that his only witness be called. The witness had been sitting in the courtroom but had heard the testimony of the last precut ion witness and of the accused. For that reason the trial court refused to permit him to testify. Held : The witness should have been called and the court could then con- sider the weight of his testimony. Since he was not called there is no way to de-
Image of page 224
termine whether his testimony would have been affected by hearing the two prior witnesses. (1967) H.C.D. -34 – 129. Henery Gervase v. R ., (PC) Crim. App. 68-D-67; 10/5/67; Hamlyn, J. Accused was convicted of stealing a sheet and blanket. The evidence against him was that he was found in possession of the sheet and blanket, which the complainant identified merely by stating. “They are my property.” Held: “The acceptance of these bland assurances by the court lays the way open for many dangers and such identification would not be in any way ac- ceptable even in a civil court…….” In a criminal case, claimant should be asked for “marks on the property” before it is shown to him, “from which the ownership can be established to the court beyond reasonable doubt.
Image of page 225

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 226
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern