Accused was convicted of attempting to escape from

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Accused was convicted of attempting to escape from lawful custody. After being arrested he suddenly bolted from the police station where he was being booked. A policeman chased accused and recaptured him almost immediately. Held: “The trial magistrate was perhaps a little over-cautious in regarding this sudden dash for liberty by the (accused) as an attempted escape only. I would have though that the fct that he gained liberty from restraint constituted the matter an “escape’ in the fullest sense of the word. There is no necessity, so far as I know, for the escaper to be at liberty for any length of time, and the fact that he attains such liberty free from restriction (albeit he is being chased during that period) does in fact constitute the full offence. An attempt to escape, on the other hand, would seem to apply to an instance where a prisoner in handcuffs was found to be opening these instruments prior to decamping, or a person confined in a locked cell was discovered opening the door, (1968)H.C.D. - 63 – The lock of which he had picked, but had not put the whole of his intention into effect by absconding through the open door.” Accused received a sentence of three months imprisonment for escaping from lawful custody. 180. Abraham s/o Lanjon v. R., Crim. App. 10-D-68, 14/3/68, Saidi J. Accused was convicted of bicycle stealing, primarily upon evidence that the sto- len bicycle was found at this house. His defence was that the bicycle had been left there by his brother-in-law, whose whereabouts were unknown. There was evidence that the theft took place in June 1967 and that the brother-in-law had disappeared the preceding February from the area.
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Held: (1) Accused need not prove his innocence or prove his defence to the same extent that the prosecution must prove the charge; it is enough if he raises a reasonable doubt as to his guilt. (2)”(T)he question of estimates of dates as with estimates of time and distance, is not to be taken too seriously with Afri- can villages, as they may and often do give wrong dates without intending to do so because they really do not have very much to do with dates in their daily lives.” Conviction quashed. 181. Nwiroma Alli Hussein Nyamakaba v. R., Crim. App. 47-D-68, 15/3/68, Georges C. J. Accused was convicted of theft by public servant. A statement written and signed by accused acknowledging a shortage of funds was admitted in evidence. Ac- cused testified that this statement was induced by fear after an accountant had threatened to “ make things worse for him” unless he signed. Accused also claimed that a trial within a trial should have been held as to the admissibility of this statement. The prosecution also introduced the testimony of accused ’s as- sistant who had had access to the funds.
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  • Fall '17
  • Dean Majamba

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