Accused bugi was convicted of burglary and theft and

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Accused Bugi was convicted of burglary and theft and accused Mtatiro of receiv- ing stolen property. The testimony of an accomplice was admitted as against both of the accused. Also admitted into evidence was testimony of a policeman that Bugi’s wife had told him that part of the stolen property had been brought to the house by her husband. The magistrate also considered as against Bugi the plea of guilty of a co-accused in which he admitted committing the crime together with Bugi. The accused Mtatiro testified that the stolen property found at his home had been brought to him by friends for safe-keeping; he denied knowing that it was stolen property.
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Held: (1) The testimony of the accomplice was uncorroborated and her veracity was doubtful. Therefore, her testimony could not support a conviction. (2) The statements of Bugi’ wife were hearsay and were inadmissible. (3) The statements of a co-accused in his plea of guilty should not have been admitted as against the accused Bugi. If the prosecution desired to introduce his testimony he should have been called as a witness. (4) The presumption arising from the possession of recently stolen property is rebutted by exculpatory testimony of the accused which could reasonably be true. 69. R. v. Chamba Magina, Crim. Rev. 112-M-66; 1/3/67; Platt, J Accused were convicted of unlawful possession of a government trophy (Fauna Conservation Ordinance, Cap. 302, ss. 49 (1), 53) after pleading to being in pos- session of giraffe meat without permission. Held : (1) The definition of the term “trophy” in section 2 of the ordinance does not include animal meat because meat is not durable portion of the animal. Citing Yahya Saidi v. Reg., Crim. App. 666 of 1961; Abdulla Libengyile v. R., Crim. Rev. 3 of 1963. (2) Similarly, the definition of Government tropics in section 47(1) ,with the exception of part (b) thereof, excludes animal meat. Parts (a) and (c) or section 47(1), which deal with game animals which have been killed or cap- ture, do to denominate meat as a Government trophy. (3) However, part (b) of section 47(1), which deals with animals which have been found dead, provides that a government trophy includes the animal and the trophy of any such animal “or any part of any game animal which is found. “Thus, if part (b) is applicable, the meat of a game animal is a government trophy. Citing R. v. Mohamedi Musa, Crim. Rev. 79 of the accused came within part (b) of section 47 (1), the convic- tions were quashed. 70. R. v. Maulddi s/o Yusufu , Crim. Rev. 22-D-67; 26/6/67, Hamlyn J. Accused was convicted, inter alia, of doing grievous harm (P.C. s. 225). Accused was showing a firearm to a friend when the
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(1967) H.C.D. - 17 – Weapon discharged, wounding the friend. Accused stated, “I had no intention whatsoever to wound my friend,” but the magistrate entered a plea of guilty to the charge.
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  • Fall '17
  • Dean Majamba

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