It is often tempting for some magistrates to jump at the opportunity to adopt the plea procedure provided for by s 271(2)(b) of the Criminal Procedure & Evidence Act (“the CP&E Act”) at the slightest indication by an accused person that he may be admitting to the offence. This is so especially considering the heavy workloads magistrates have to deal with each day. When such opportunity to quickly ‘finalise’ a matter arises, itbecomes appealing to adopt the procedure. More
The two accused persons, accused one and accused four, have been convicted of unlawful into premises inaggravating circumstances as defined in s 131(1) and (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and one count of murder as defined in s 47(1)(a) of the same Act.
In respect of count one, the Act provides for a penalty of imprisonment for a period not exceeding fifteen years. In the case of count two the Act in s 47(4)(a) provides for sentence of death, imprisonment for life or imprisonment for any definite period of not less than twenty years,... More
The accused was initially charged with three counts of contravening s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. However, the trial court, not being satisfied with the testimony of the complainant returned a verdict of contravening s 70. The accused was sentenced to four years imprisonment of which two years were suspended for five years on condition of good behavior. The remaining two years were suspended on condition accused completed 630 hours of community service at Guruve Clinic.
The accused and the complainant who was at the material time aged twelve years reside at different plots... More
The accused was initially jointly charged with another before their trials were separated. He was convicted on his own plea of guilty for unlawful entry into premises in aggravating circumstances as defined in section 131 (1) as read with section 131 (2)(e) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Act). The accused was then sentenced to 12 months imprisonment of which 6 months were suspended for 5 years on the usual condition of good behaviour. The other 6 months imprisonment were made effective. More
