The trial court refused to admit the confession but

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messenger to his house where he disclosed other stolen stamps. The trial court refused to admit the confession but permitted the production of the stamps found on accused. Held: “(O)n a comparison of [section 29 of the Evidence Act, 1967] with the repealed section 24 of the Indian Evidence Act, the door has now been opened much wider for the admission of confessions.” The confession to the Di- visional Executive Officer was admissible under the new section. The Court stated, obiter, that the confession would also have been admissible under the re- pealed section 24 because there was no indication that it had been obtained as a result of any inducement, threat or promise. Appeal summarily rejected. 144. Emmanuel Tumbotele v. R. , Crim. App. 189-A-67, 2/2/68, Seaton J. Accused were convicted of shop breaking, malicious damage to property and robbery with violence [P.C. ss. 297, 326(1), 285, 286.] They were picked out at an identification parade at the police station, as the men who had approached a disabled car at night to rob the passengers, by one of the passengers. He said he had seen them in the light of the headlamps. He and he other passengers all testified that they recognized the accused at the trial as the men who had at- tacked their car; their testimony conflicted, however, as to whether they had all attended the identification parade and there identified the accused. Held: It has been held that, where the evidence implicating an accused is “entirely of identification”, it must be “absolutely water-tight to justify conviction.”
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[Citing R. v. Sebwato (1960) E.A.C.A. 179.] In the present case, the evidence re- garding identification is “unsatisfactory”, so that sustaining the con-viction would be “unsafe.” Convictions quashed. ( 1968)H.C.D. - 50 – 145. R. v. James s/o Yohana, Crim Rev. 51-A-67,-/1/68, Seaton J. Accused and three others were convicted of burglary and theft. The trial court found accused to be above 20 years of age on the bases of his appearance. A petition was filed on his behalf with an affidavit from his brother, stating that he was only 14.5 years old, and should therefore be dealt with according to the Children and Young Persons Ordinance [Cap. 13] Subsequently, a certificate was obtained from a medical officer and presented to the High Court on appeal, indicating that the medical officer though the accused to be between 16-18 years of age. Held: (1) There is nothing in the Act which would make a certificate by a registered medical practitioner conclusive evidence as to accused ’s age. The real purpose of section 16(2) is to make such certificates receivable as evidence while dispensing with the need to call the doctor as a witness. (2) A finding as to accused ’s age by a subordinate court, under section 16(1), and an order based thereon, may be set aside by the High court under the appeals provisions in Part V of the Act. The Court accepted the affidavit of the accused ’s brother.
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  • Fall '17
  • Dean Majamba

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