Accused was found guilty of being in possession of

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Accused was found guilty of being in possession of four leopard skins [Fauna Conservation Ordinance, Cap. 302, ss. 49 (1), 52], and fined Shs. 500/- or three months imprisonment in default. There was no evidence as to the condition of the skins. Noted: If the skins were in good condition, the fine was quite inadequate, In cases concerning valuable government trophies, it is proper to introduce evi- dence as to their condition and their value, for this provides the magistrate with essential information on which to base the sentence. In the absence of such in- formation, the sentence was not modified. 337. Samweli s/o Baruni v. R. (PC) Crim. App. 22-A-67, 30/8/67, Platt J.
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Accused was the defendant in a prior case in which a judgment had been en- tered against him. The plaintiff in that action brought an execution proceeding which resulted in the sale of accused ‘s shamba, but accused was permitted to remain in possession for a period in order to harvest his crops. Eventually the purchaser at the execution sale reported to the court that he was unable to take possession of the shamba. As a result, accused was convicted under section 114 (1) (h) of the Penal Code which provides that any person who “wrong fully re- takes possession of any land … from any person who has recently obtained a judgment from a court for the recovery of possession on such land … is guilty of a misdemeanor.” Held: Accused had not “retaken” possession but had merely remained in possession beyond the permitted period. Moreover, the purchaser’s right to pos- sess did not stem from a judgment granting him recovery of possession. There- fore, the charge was not proved. The Court stated, obiter, that if the purchaser had sued accused for the recovery of the land, (1967)H.C.D. - 97 - Accused would then have been in contempt of court if he had failed to vacate possession. The Court also stated that if accused had disobeyed any lawful or- ders of the Court, he “could have been charged perhaps under section 124 of the Penal Code …..” 338. Peter s/o Kasembe v. R., Crim. App. 454-D-67, 27/9/67, Georges C. J. Accused was convicted of a corrupt transaction contrary to section 3(1)(3) of the Corruption Ordinance, Cap. 400. As a part of a police trap, a police officer sought work from accused, who was the personnel manager of a textile factory. Accused demanded money for performing this favour, and the money was allegedly given to accused by an intermediary named Abdullah during a meeting at the accused ‘s house. Other police officers then entered the house and the money was found under a table cloth in the room in which the meeting took place.
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Held: (1) Abdullah was an accomplice, and the trial court erred in failing to consider the danger of accepting such evidence unless it is corroborated. (2) The police decoy who took part in the trap should not be treated as an accomplice, and his testimony need not be corroborated as a matter of law. However, he is not a disinterested witness, and his evidence must be examined closely.”
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  • Fall '17
  • Dean Majamba

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