Breida Nowaso v. R. (P.C.) Crim. App. 192-D-69; 30/4/70; Georges, C.J.

Breida Nowaso v. R. (P.C.) Crim. App. 192-D-69; 30/4/70; Georges, C.J.

This is a second appeal from a judgment of a Primary Court Magistrate convicting the appellant for cattle theft contrary to sections 265 and 268 of the Penal Code and imposing on him the minimum sentence of 3 years imprisonment and 24 strokes corporal punishment. The District Magistrate’s judgment reads:- “The appellant in this case had been charged with cattle theft c/s 265 and 268 of the Penal Code. He was convicted and sentenced to 3 years imprisonment plus 24 strokes. He now appeals to this Court. There is no merit in this appeal which is hereby dismissed.

            Held: “It is clear that the magistrate was exercising there a power akin to that of the High Court to dismiss appeal summarily. A District Magistrate has no such power and it is not surprising that he should not. He should review the evidence, consider the points raised in the memorandum of appeal and come to a conclusion. The slipshod method of work here has created problems because the original Primary Court file is now reported as lost. It is not available for scrutiny by the High Court. In the circumstances this Court must order that the conviction be set aside and the sentence quashed. The appellant shall be tried again by another magistrate ……”