Samwel s/o Komba v. R. Crim. App. 1-D-67; -/3/67; Otto, J.

Samwel s/o Komba v. R. Crim. App. 1-D-67; -/3/67; Otto, J.

Accused was convicted of theft on inadequate evidence, some of it hearsay. Accused had served several moths of the sentence at the time of appeal. Conviction was reversed on appeal.

            Held: Retrial will not be ordered in cases where it would allow the prosecution to “fill in gaps in its case.” The court noted, obiter: “This appellant has already served several months of his sentence which could not be taken into account in the event of conviction ensuing should a retrial be ordered.”