175 christopher so lucas v r crim app 194 a 67 21268

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175. Christopher s/o Lucas v. R., Crim. App. 194-A-67, 21/2/68, Seaton J. Accused were convicted of store-breaking and stealing [P.C. ss. 265, 296(1)]. The evidence was that complainant had secured his store before leaving by plac- ing a drum against the inside of the door, that this door had been forced open or removed, that both accused were discovered in possession of skins stolen from the store the following evening, and that one accused was arrested with the skins that evening, while the other, who fled, was arrested on month later. Held: The evidence supports the conviction. Complainant’s testimony suggests that he must have left his store, having secured the door from the in- side, through a window, or by some similar exit. This is “possible, but preposter- ous.” The evidence is nonetheless sufficient to sustain the conviction.
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(1968)H.C.D. - 62 – 176. R. v. Hamisi Simbano , Crim. Rev. 22-A-68, 14/3/68, Seaton J. Accused was convicted of failing to renew the licence on a gun which he owned [See. Cap. 223, ss. 13 (1), 31(2)], and fined Shs. 100/- Held: No offence is created by the failure to renew one’s licence, although, under section 13 of the Arms and Ammunition Ordinance, one may be liable to pay an increased fee for a tardy renewal. Conviction quashed. 177. Abdalla Mohamed v. R ., Crim. App. 894-D-67, 15/3/68, Georges C. J This case alternative counts of stealing by agent (larceny by trick) and obtaining money by false pretences. Accused was convicted on the second count and ac- quitted on the first count. Conviction below was quashed by the High Court be- cause of insufficient evidence. The Court stated, obiter : “(T)he learned magistrate should have stated that having found the appellant guilty on the count of obtaining money by false pre- tences, he would enter no verdict on the stealing count. This is preferable to ac- quitting the appellant. The line between obtaining by false pretences and larceny by trick is often fine. If the accused person is formally acquitted on the alternative count, a court of appeal may (think) that that was the count of which a conviction should have been entered and be unable to act because of the acquittal.” 178. R. v. Pangaras s/o Liprima, Crim. Rev. 13-D-68, 11/3/68, Biron J. After convicting accused of causing death by dangerous driving [Cap. 168, sec. 44A] the district magistrate doubted whether he had jurisdiction to ever have heard the case. Accordingly, he forwarded the proceedings to the High Court for necessary action in revision. Held: Section 44A(2) provides for the hearing of cases such as this one by resident magistrates; this term embraces only resident magistrates and senior resident magistrates. As the district magistrate had no jurisdiction to hear the
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case, the proceedings were declared a nullity and the purported conviction quashed. 179. Msengi s/o Kiula v. R., Crim. App 101-D-68, 20/3/68, Hamlyn J.
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