Accused a microscopist working in a government

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Accused, a microscopist working in a government hospital, demanded payment from complainant for performing tests; he was charged with corrupt transaction with agent [Prevention of Corruption Ordinance, Cap. 400, s. 3(1)]. On the grounds that he was a public servant and received the money “through his official functions” as such, the Magistrate substituted a conviction under section 6 of the Ordinance. At the trial, the Magistrate refused to hear one of the defence wit- nesses, because the witness had been present in court during the trial. Held: (1) Neither the Prevention of Corruption Ordinance nor the Criminal Procedure Code authorizes the substitution of a conviction under section 6 of the Ordinance for a charge brought under section 3(1). (2) “(N)o sanction in terms of section 14 was obtained which is necessary before any further proceedings in respect of an alleged offence contrary to section 6 of Cap. 400 can be taken against any person.” (3) The presence of a witness during proceedings may af- fect the weight to be given to his testimony, but not its admissibility. (4) Regard- ing re-trials, each case must depend on its own particular facts; re-trials should be ordered only “where the interests of justice require it an should not be ordered where it is likely to cause an injustice to an accused person. The trial magistrate seriously misdirected himself in this case”. [Citing Ahmedi Ali Dharamsi Sumar v. R. (1964) E.A. 481, 483.] Re-trial not ordered.
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150. R. v. The Manager of Chambogo Magnesite Co., Ltd,. Crim. Rev. 5,6-A-68, 2/2/68, Seaton J. Accused were convicted, in each or two cases, on separate counts of driving and permitting to be driven a motor vehicle on a public road without efficient had- brokes and foot-brakes [Traffic Ordinance, Cap. 168, ss. 43(a), 70]. Held : “The failure to have efficient had and foot brakes constitutes one of- fence, not two separate offences under section 43(a) of the Traffic Ordinance, although the fact that both hand and foot brakes are inefficient may be an aggra- vating circumstances when assessing sentence.” Convictions on second counts in each case quashed. 151. Mohamed Salim v. R., Crim. App. 944-D-67, 9/2/68, Georges C. J. Accused was convicted of driving a motor vehicle on a public road while his effi- ciency was impaired by drinks or drugs. In pleading to the offence, accused said, “It is true. I had taken 2 bottles ( 1968)H.C.D - 52 – Of beer.” This was entered as a plea of guilty. The facts stated by the prosecu- tion were that accused had been under the influence of liquor. Held: (1) It is not enough that the accused was under the influence of liq- uor. It must be proved that his efficiency was impaired by reason of such influ- ence. (2) The plea was equivocal and should not have been entered as a plea of guilty. Conviction quashed.
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