Mukamambogo v. R., Crim. App. 375-M-70: 25/11/70; Kisanga Ag. J.

 

Mukamambogo v. R., Crim. App. 375-M-70: 25/11/70; Kisanga Ag. J.

The appellant was charged with and convicted of acts intended to cause grievous harm c/s 222(2) of the Penal Code and was sentenced to 12 months imprisonment. Apparently, the lower court assumed jurisdiction under section 6 of the children and Young Persons Ordinance which empowers a District court to try and determinate any offence other than homicide in which the accused is a young person. There was nothing in the record to show that the proceedings were held in a place different from an ordinary court room, nor was there any indication that tit was not practicable for the court to sit in a place different from an ordinary court room.

Held: (1) “In doing however it would appear that the court did not proceed as a juvenile court in accordance with the provisions for section 3(1) of that Ordinance. The section provides that, “A district court when hearing charges against children or young persons shall, if practicable, unless the child or young person sis charged jointly with any other person not being a child or young person, sit in a different building or room from that in which the ordinary sittings of the court are held.” The appellant was a young person and was not on a joint charge with any adult. In order to comply with the above provision therefore the trial magistrate in hearing the case should, if practicable, have sat in a place different from an ordinary court room. It would appear also that this requirement was mandatory by reason of the word “shall used in the subsection quoted above.” (2) Conviction quashed and sentence set aside, case remitted back for retrial before properly constituted juvenile court.