Held while in most cases of contempt a charge should

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Held : While in most cases of contempt a charge should be framed and the accused given a chance to answer it, where an accused had continued his con- tempt after several warnings there was “no miscarriage of justice by reason of the fact that the specific charge was not drawn.” 64. Kiyungi Abdukheri v. R ., Crim. App. 22-M-67; 1/3/67; Mustafa, J. Accused, a sailor on a ship docked in Kigoma, had on board a quantity of ciga- rettes, which he failed to declare. His explanation was that he planned to trans- ship the cigarettes on a ship bound for Urundi, which had not yet arrived in Ki- goma. The lower court ordered a fine of Shs. 1000/-, or three months imprison- ment in default. Held: In such circumstances, cigarettes held for transshipment must none- theless be declared to customs. The sentence was proper, and the goods were forfeited to East African Customs and Excise. 65. Limbu s/o Kiloshimba v. R., Crim App. 7-D-67; 3/3/67; Otto, J. Accused was arrested for theft, but escaped from custody. He was captured and charged with both theft and escape from lawful custody (P. C. s. 116). Before tri- al, the theft charges were dropped, but there was no indication that original arrest or the subsequent custody had been unlawful. Held : Where an arrest and custody are lawful, an accused may be pu- nished for escaping from custody, notwithstanding the fact that the charge on which the initial arrest was made is later found to groundless. 66. Lugenya s/o Nila v. R ., Crim. App. 5-M-67; 10/3/67; Platt, J. Accused was convicted of shop breaking. One Magonda was caught leaving the shop but his accomplices escaped. After his arrest, Magonda led a constable to the accused ’s house and purportedly stated that he was an accomplice. This
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statement was introduced into evidence as against accused, but at the trial Ma- gonda denied having made the statement. Held : (1) If a statement of a co-accused forms part of a confession, it may be introduced as against the accused. See Indian Evidence Act, section 30. (2) However, Magonda’s denial at the trial that he made the statement vitiates the constable’s testimony that he identified the accused. (3) The court stated, obiter ; Even if there had been a confession, it would not alone support the conviction of accused. Corroborative testimony would be required. 67. Augustine s/o Machau v. R ., Crim. App. 874,875, 876-M-66; 19/1/67; Duff, J. (1967) H.C.D. - 16 – Accused were convicted of robbery and possession of the shotgun. Held: (1) Possession by one person of a stolen item, in the presence of two other persons, cannot support the inference that the two participated in the robbery in which the items was taken. (2) Similarly, “it cannot be said that there was a conscious possession of a firearm without a licence on the part of all the three accused”. 68. Bugi s/o Rioba v. R. Mtatiro Waiyaga v. R., Crim. App. 456, 457-M-66; 16/1/67; Platt, J.
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