Pius s/o Hassani v. R., Crim. App. 76-M-69, 10/3/69,

 

Pius s/o Hassani v. R., Crim. App. 76-M-69, 10/3/69,

The appellant was charged with stealing by a person employed in the Public Service. His case was mentioned in court on two occasions after each of which the appellant was remanded in custody. On the last mentioned date, the prosecution objected to bail mainly on the ground that he appellant had attempted to commit suicide. The appellant seemed to admit this because he stated that he could not “attempt again” to commit suicide and he had punished himself enough. The magistrate accepted the prosecution submission that it would be better or the appellant to be under safe custody as he would be looked after properly in remand prison. In his appeal against the refusal to grant bail, the appellant denied that he attempted to commit suicide and stated that he took poison “accidentally”.

Held: “It may or may not be true that the appellant attempted to commit suicide. This is a crime but the appellant has not been charged with it. The main issue before the district court was whether the appellant would be likely to appear to stand his trial. Relevant in this connection are the seriousness of the charge and the residence of the appellant, also the availability of sureties if required. The possibility of tampering with prosecution witnesses is another relevant consideration in some cases. ….. I am not very favorably impressed by the argument that it is better to keep an accused person in custody as a preventive measure against his repeating a crime of which he has neither been charged nor convicted. If he has given reasons for suspecting that he may attempt to commit suicide, one might equally argue that as a reason for removing him as quickly as possible from the surroundings which may have precipitated a mood of depression.” Appeal allowed. Appellant released on bail on his own recognizance of Shs. 2,000/- and one surety in the like amount.

Pleas – Equivocal guilty plea – Desirability of prosecution outlining facts before conviction on guilty plea where charge is complex – Failing to register private hire motor vehicle.

See case no. 150.