Held section 58 a provides that where a police

Info icon This preview shows pages 312–315. Sign up to view the full content.

Held: Section 58 (a) provides that, “Where a police officer is … engaged in the regulation of traffic… any person driving …. Who neglects or refuses to stop the vehicle …. When directed to do so by a police officer ….. shall be guilty of an offence.” There is a requirement that the police officer be “engaged in the regula- tion of traffic” as one part of the offence. Since the constable here was not so en- gaged when he signaled accused to halt, the conviction was quashed. 308. R. v. Yahaya Mohamedi, Crim. Rev. 78-D-67, 4/8/67, Hamlyn J. Accused was a motor vehicle mechanic. After repairing a truck, he drove it to a petrol station so that its driver could take delivery. While at the station he was cited for driving a vehicle which had no licence and for which there was no insur- ance. Accused was unaware of these facts. He was convicted, inter alia, of driv- ing an uninsured vehicle.
Image of page 312

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

Held : In addition to other penalties, such a conviction results in disqualifi- cation from holding driving licence for at least one year unless some “special cir- cumstances” exist . [Motor Vehicle Insurance Ordinance, s. 4.] However, the facts of this case “suffice for not imposing this additional penalty.” ( 1967) H.C.D - 88 – 309.Francis (Aoko) s/o Oyengo v. R . Crim. App. 348-M-67, -/8/67, Cross J.. Accused was convicted of cattle theft and was ordered to pay one cow to com- plainant as compensation. Held: Section 6(1) of the Minimum Sentence Act provides that he court shall, upon convicting a person of a scheduled offence, order the convicted per- son to pay the owner of the property compensation equal to the value of the property lost. Section 6(2) provides that compensation ordered under subsection (1) shall be recoverable as if it were a civil debt. This provision restricts recovery to a sum of money and does not allow payment in kind. Sentence was substi- tuted ordering accused to pay Shs. 100/- to complainant for the loss of the cow. 310. Rashidi s/o Hamisi v. R. , District Court Crim. App. 39-Kondoa-67, 7/6/67, Hamlyn, J. Accused was convicted in Primary Court of unlawful wounding and sentenced to six months imprisonment. The District Court purported to enhance the sentence to eighteen months imprisonment. Held : Section 17 (b) of the Magistrates’ Court Act, 1963. Provides that the decision of a Primary Court shall not be altered by a District Court so as to be in excess of the jurisdiction of the Primary Court. Under the Third Schedule of the Act, the ordinary powers of the Primary Court do not exceed a twelve month term of imprisonment. The term of imprisonment was reduced to twelve months. 311. R. v. Kinumen s/o Memuri , (PC) Crim. Rev. 1-A-67, 24/6/67. Platt J.
Image of page 313
Accused was convicted in Primary Court of stealing one sheep and sentenced to a fine of Shs. 250/- or two months’ imprisonment in default. On revision before the District Court, it was correctly determined that the offence was of cattle theft, which carries a minimum sentence of three years. [Part 11 of Schedule, Minimum Sentence Act.] However, before the prison authorities were notified of the new
Image of page 314

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

Image of page 315
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