Accuseds offenses were not scheduled offenses the

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of 1963. Accused’s offenses were not scheduled offenses. The Criminal Proce- dure Code, section 12, limits subordinate courts to consecutive sentences of no more that twice the amount ordinarily authorized, and states that higher sen- tences may be imposed only by higher courts to which the subordinate courts may refer appropriate cases. Held : (1) Since the subordinate court did not refer the case to a higher court, no more than 6 years’ imprisonment could be imposed by it. (2) Though the 10-years sentence might be fully deserved, the appellate jurisdiction of the High Court in sentencing matters was limited by the sentencing power of the subordinate court, so that it too, could impose a sentence of no longer than 6 years. Citing Badan Njoroge s/o Gaithuma v.R., 17E. A. C. A. 136. 8.R. v. Issumail s/o Hamissi . Crim. Rev. 1-A-67; 2/1/67; Bannernan, J. Accused pleaded guilty in District Court to a charge of intentionally endangering the safety of persons traveling by intentionally endangering the safety of persons traveling by railway (P.C. s. 224 (2)).
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Held: The Criminal Code (Cap. 20, s. 4) requires that such offenses be tried in the High Court. (See also Cap. 20, First Schedule, Part A, Column 5.) A district Court Magistrate may hold a preliminary inquiry and commit the accused to the High Court, but may not take a plea or sentence the accused. 9. R. v. Raphael s/o Yohanes , Crim. Rev. 3-D-67; 7/1/67; Mustafa, J. Accused was convicted of escape from lawful custody (P. C. s.116) on evidence that he ran away from a policeman while allegedly showing him where stolen goods had been hidden. Held : Although it was shown that accused was physically in the presence of an officer, the prosecution had the burden of showing that accused had been placed under arrest at the time he fled. 10. Shamshudin Kassam Vibji v. R., Crim. App. 871-D-66; -/2/67; Hamlyn, J. The accused, with several others, was convicted of stealing goods in transit (P.C. ss. 265 and 269). The confession of another of the accused was admitted against him. ( 1967) H. C. D. - 3 – Held : (1) Pursuant to section 30 of the Indian Evidence Act, when there is intro- duced into evidence a confession made by one accused which also affects other of the accused, “the court may take into consideration such confession as against such other person…..” (2) As against such other person “such confession is to be treated more as corroborative of other evidence ….., it is not, as it were, evidence completely probative in its own right.” The appeal was dismissed. 11. Bawari s/o Abedi v. R ., Crim. App. 15-D-67; -/1/67; Saidi, J. Accused was convicted of shopbreaking and stealing (P. C. s. 296 (1) ). The shop owner identified an ordinary looking pair of Khanga found in the possession of the accused as one of the item stolen. The defense that accused had legiti-
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mately purchased the item was rejected on the ground that he had produced no receipt.
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  • Fall '17
  • Dean Majamba

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