Reduce his loss by selling the pombe later that night

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reduce his loss by selling the pombe later that night or the next day, even if at a reduced price, this factor does not in any way limit complainant’s recovery. 36. Juma s/o Abdallah v. R., Crim. App. 789-D-67, 6/12/67, Biron J. Accused was convicted of conduct in a public place in such a manner as to cause a breach of the peace contrary to P.C. s. 89(b) and using abusive lan- guage contrary to P.C. s. 89(a). Both charges grew out of an abusive public shouting match between accused and complainant. Held: (1) Both convictions were quashed because there was no reasona- ble likelihood of a breach of the peace having arisen due to this altercation. (2) The court stated, obiter: Although the charge in two counts was proper, had ac- cused been guilty he still should only have received one punishment as there was only one act of wrongdoing. (1968) H.C.D - 15 – 37 Salum Haruna v. R., Crim. App. 773-M-67, 15/11/67, Cross J. Accused was convicted of possession of bhang. [Cultivation of Noxious Plants (Prohibition) Ordinance, s. 2(b).] The only substantial evidence was that of a po- lice officer who testified that “I found one piece of rolled cigarette of bhang. I know bhang.” Held: “(I)t would be most unsafe to base a conviction on the bald evidence of a police constable that he knows bhang without any inquiry as to how he ac- quired his knowledge.” Conviction quashed. 38. R. v. Wambura Makindi, Crim. Sass. 150-M-67, 9/11/67, Mustafa J.
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Accused was charged with murder. A witness stated that he had seen the ac- cused and the deceased together at 4 P.M on the day of the homicide; At about 7 P.M., the mother of the deceased, being a child of 9.5 years, raised an alarm be- cause the deceased was missing. The same witness and several other persons went to the spot where he had seen the deceased with the accused, and they soon found the body of the deceased. He had been stabbed several times. The witness quoted him as identifying “Wambura Makindi” as his assailant; the boy’s mother remembered that he had mentioned the name “Wambura.” On the way to the dispensary, a Divisional Executive Officer recorded a statement in which the deceased again identified “Wambura Makindi” but placed the time of the assault at 2 P.M. Accused claimed that another man in the community also has the name “Wambura Makindi.” He explained the wounds found on his body at the time of his arrest, the day after the homicide, as the result of another fight. He alleged that he had been in another place throughout the day in question. Held: “(T)he dying declaration of the deceased needs corroboration be- cause as a dying declaration it was not made in such circumstances as can ex- clude corroboration and also because it was made by a child of tender years.” The prosecution did not establish that accused is the only man in the community named “Wambura Makindi”; and the deceased’s own account of his murder con- flicts, as to the time of the assault, with the report of the witness. Thus, there is no corroboration “sufficiently linking the accused with the person who attacked the deceased.” Accused acquitted.
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  • Fall '17
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