However in the present case the accused attempted

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However, in the present case the accused attempted prior to the trial to inform the court by letter that he would be represented. His failure to request counsel at the commencement of the trial is excusable because of his lack of knowledge of
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the procedure to be followed. Citing Jaffrali Abdulla Haji v. R., I.T.L.R. 299. (2) The failure of the record to disclose any sentencing proceedings and the fact that the judgments were undated and unsigned and the orders of commitment were unsigned constitute gross irregularity which should not be cured under section 346 of the Criminal Procedure Code. The convictions were quashed. 100. Kahumbila Mgalula v. R., Crim. App. 16-M-67; 23/3/67; Platt, J Accused was convicted of cattle theft under the general theft provision of the Penal Code (P.C. s. 265), and the provision dealing specifically with cattle theft (P.C. s. 268). The latter section provides for an enhanced sentence. Accused was sentenced to three years imprisonment and twenty-four strokes. (1967) H.C.D - 25 – Under section 265, and to a concurrent sentence of twelve months under section 268. Held: “Cattle theft is ….. charged under section 265 and 268 of the Penal Code and requires only one sentence to be passed, “since cattle theft is an “ ag- gravated form” of the “substantive offence” of theft. The concurrent sentence was set aside as “superfluence”. The Court stated, obiter: (1) “(1) t would be better in future cases to record the exact value based on such evidence as that of …… the owner” of property stolen. (2) “(T) he learned magistrate should always record the age of the ac- cused.” Here, the authorities concerned had certified that the accused was 40 years of age, and the sentence under the Minimum Sentences Act was upheld. 101. Kareo Kisabasu Tills v. R . Crim. App. 104-D-67; 14/4/67; Duff, J. Accused, a chief clerk assigned to courts in Panyoni, received a cheque, the proceeds of which were to be paid to widow of a court messenger as payment from the National Provident Fund. He cashed the cheque and misappropriated the money, for which he was convicted of theft by public servant. (P.C. ss. 265,
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270.) His appeal was held to be groundless, but counsel for the Republic argued that the compensation order should have directed payment to the Government and not to the widow. Held : Because the money belonged to the Government until handed over to the widow, and because the Government would still be bound to pay the amount due from the Provident Fund to her, the order should have directed pay- ment to the Government. The Court noted, “It is clear that the widow will receive payment from the Government and it is doubtful that she would recover it from the accused.” 102. John s/o Kiwanuka v. R . (PC) Crim. App. 391-M-66; 23/3/67; Platt, J. Accused was convicted in three separate cases of housebreaking and stealing, and in a fourth case of school breaking and stealing, in Primary Court. Sentences of two years and twenty-four strokes were imposed for housebreaking, with one- year sentences for the thefts in those cases ordered to run concurrently with the
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  • Fall '17
  • Dean Majamba

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