Paskari Kapanda v. R. Crim. App. 130-D-69, 1/1/70, Makame Ag. J.

 

Paskari Kapanda v. R. Crim. App. 130-D-69, 1/1/70, Makame Ag. J.

The appellant was convicted in Primary Court of housebreaking and stealing. His appeal to the District Court was dismissed.

            Held: “In his judgment the learned district magistrate said that the appellant had appealed against sentence only and dealing with the appeal on that basis, he dismissed it, as he was dealing with the appeal on that basis, he dismissed it, as he was clearly entitled to do. But it seems quite clear that the appellant was appealing, as he now is, against both conviction and sentence. I have had occasion to observe in another case that it is important to read the whole petition and consider its contents as a whole before one can decide whether the appeal is against conviction and sentence or against sentence only, remembering, as one should that most convicts do not use the fine language of the courts. Therefore one must not be dogmatic about set phrases.” Appeal dismissed on other grounds.