On 26 April 2017 the appellant, after a full trial, was convicted in the magistrate’s court of defeating or obstructing the course of justice in contravention of s 184(1)(e) of the Criminal Law (Codification and Reform) Act, Cap 9:23 (“the Code”). That provision reads: More
1.1. This record of criminal proceedings was referred to this court ostensibly in terms
of theMagistrates Court Act, [Chapter 7:10], the Magistrate being of the view that only the High Court has the power to bring into operation that portion of a sentence which it (i.e. High Court) suspended in a previous matter. More
The deceased suffered from a grossly distended abdomen. This was a condition that she had endured for five to eight years. It was a swollen stomach, the result of an abnormal cyst. The doctor said at its expansive worst the lump spanned a staggering thirty centimetres. She was heavily deformed. Her body was emaciated. More
The accused was unrepresented. He was convicted on his own plea of guilty to stock theft as defined in s 114[2][a] of the Criminal Law [Codification and Reform] Act, [Cap 9:23] [“the Criminal Law Code”]. He stole one heifer and exchanged it for a bicycle. The heifer was subsequently recovered. The court found no special circumstances. It imposed the mandatory minimum sentence of nine years imprisonment. The matter has now come up on automatic review in terms of s 57 of the Magistrate’s Court Act, [Cap 7:10]. More
ENGWE J. Care must always be taken when prosecuting a corporation. There are various special provisions in the Criminal Procedure and Evidence Act, [Chapter 9:07] (“The CPEA”) and the Criminal Law (Codification and Reform) Act [Chapter 9:23] (“the criminal law code”) which regulate the matter in which a corporation is to be prosecuted, as d More
