Conviction quashed 215 romani alfred v r pc crim app

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guilty, it would be proper to enter a plea of not guilty on behalf of both accused. Conviction quashed. 215. Romani Alfred v. R., (PC) Crim. App. 60-A-67, 3/4/68, Platt J. Accused asserts that he was not permitted to call certain witnesses, or to pro- duce certain physical evidence. He seeks to have his case reopened so he can fully defend himself. Held: “There is nothing on the record to show that (accused) was given the opportunity to call witnesses and that he declined to do so. As there may be some merit to (accused ’s) complaints …. and as such evidence may affect the merits of this case …. the Court ordered that the record of the case be transmit- ted to the district court for the hearing of further evidence. (Emphases added in both instances.) 216. William Msaka v. R., Crim. App. 78-D-68, 8/4/68, Hamlyn J. Accused were convicted of corrupt transaction with agent [Cap. 400, s. 3(1)]. The district magistrate’s judgment briefly summarized the prosecution’s evidence, but was overwhelmingly devoted to a critical analysis of the defence. Held: (1) While the Court may overlook errors in trial court proceedings which do not occasion a failure of justice, the Court must be convinced that such errors “did not materially affect the conclusion … that despite such error the trial court would inevitably have reached the same finding.” (2) The magistrate’s fail- ure to analyse the (1968)H.C.D. - 76 – Prosecution case makes it impossible for the Court to analyse his finding. It is thus necessary to allow the appeals, “…… for the record of the trial does not dis- close …. That the correct principles of justice were observed.”
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217. Monanka Nyamweli v. R., Crim. App. 205-M-68, 11/4/68, Mustafa J. Accused pleaded guilty to brawling (P.C. s. 89(1)(b) ]. The particulars of the of- fence were that he created a disturbance at a public meeting” …. By making ex- cessive noise and shouting while the meeting was going on.” Held: P.C. s. 89(1)(b) makes it an offence to “….. create a disturbance in such a manner as is likely to cause a breach of the peace.” There was neither averment nor evidence here that the accused ’s shouting was likely to cause a breach of the peace. Consequently the plea of guilty was a nullity. Conviction quashed. 218. Jairosi Yohane v. R., Crim. App. 74-D-68, 8/4/68, Hamlyn J. The district court, in hearing this case on appeal from a primary court, summarily rejected the appeal. Held: Section 17 of the Magistrates’ Courts Act, Cap. 537, sets out the powers of district courts in dealing with appeals from primary courts; now here is the power granted to summarily reject appeals from primary courts. The power of summary rejection of appeals is granted to the High Court alone. [Citing Cap. 537, s. 24 (1)]. The district court should have “dismissed” the appeal from the primary court, confirming the conviction and sentence of that court. 219. Enock s/o Shombe v. R., Crim. App. 119-D-68, 27/3/68, Biron J.
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