Accused was convicted of transferring a firearm to

Info icon This preview shows pages 381–383. Sign up to view the full content.

Accused was convicted of transferring a firearm to another person without a permit signed by an authorized officer contrary to sections 15 and 31(1) and (2) of the Arms and Ammunition Ordinance. There was evidence that he had loaned his shotgun to a friend who was going hunting and who accidentally killed a man while attempting to shoot a pig. Held: A transfer contemplated by the cited section must be ejusdem ge- neric with a sale or purchase as set out in the section, and a temporary loan does not constitute such a transfer. [Citing R. v. Mwalimu s/o Saudi, (1959) E.A. 415.] Conviction quashed. (1967) H.C.D. - 131- 440. Guli Tsauna v. R., Crim. App. 150-A-67, 7/10/67, Platt J Accused was convicted of one count of assaulting a police officer [P.C. s. 243(b)], a second count of resisting lawful arrest {P. C. s. 243(a)], and a third count of using abusive language [P.C. s. 89(1)(a)]. The prosecution put forward facts showing that when a police officer attempted to arrest accused in connexion with a previous offence, accused attacked him with sticks, addressed abusive language to him and ran away. The particulars of the second count alleged that accused “did resist lawful arrest ….. by running away.” The particular of the third count merely alleged that he had used abusive language. At the trial accused pleaded guilty to the charge, but he attempted on appeal to dispute the facts charged. Held: (1) The convictions were based on accused ’s admission in his plea, and he cannot now challenge the facts admitted. (2) An element of the offence created by Penal Code section 243 (a) is an assault with intent to commit a felo- ny or to resist or prevent one’s lawful apprehension. The charge was defective in that it failed to allege such an assault with such intent. (3) The third count was defective in that it failed to allege that the abusive language was used “in such a
Image of page 381

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

manner as is likely to cause a breach of the peace ….. “- an essential element in the crime. 441. Oscar Mwambola v. R., Misc. Crim. Cause 3-M-67, 1/11/67, Mustafa J. Accused was arrested on a charge of violating section 5(1)(a) of Cap. 45, the Official and other Secrets Act. He sough bail, which was denied by the District Court. Section 13 of the Act provides, inter alia, “ ……. (E)very offence under this ordinance shall be ….. non-bailable.” Sec. 17 provides that a prosecution under the Act may be instituted only with the consent of the Director of Public Prosecu- tions. However, a person may be arrested without such consent and remanded “in custody or on bail”, but no further proceedings may be taken until the consent of the Director has been obtained. Held(1) If an accused has been arrested pursuant to Cap. 45, but the Di- rector of Public Prosecutions has not yet consented to prosecute the case, ac- cused may be released on bail. [Sec. 17.] Once such consent has been obtained, however, the District Court no longer has authority to grant bail. [Sec. 13.] Here consent had not yet been granted, so the trial court could have granted bail, and the High Court proceeded to do so. (2) The Court noted that Crim. Proc. Code s.
Image of page 382
Image of page 383
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '17
  • Dean Majamba

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern