Moshi d/o Rajabu v. R., Crim. App. 688-M-67, 13/10/67, Cross J.

Moshi d/o Rajabu v. R., Crim. App. 688-M-67, 13/10/67, Cross J.

Accused was convicted of causing grievous harm [P. C. s. 225]. The magistrate’s judgment contained “no reference whatever to the evidence given by the prosecution witnesses,” but did state the magistrate’s belief “beyond all doubt’ that the defence was “a pack of lies.” The State Attorney urged the High Court to weigh the evidence on record for itself.

            Held: (1) The magistrate ‘s refusal to accept a defence as truthful is not a proper basis for conviction; here, the magistrate’s judgment did not give any indication the he was aware that the onus of proving the guilt of the accused is on the prosecution, or that he gave any consideration to the prosecution evidence. (2) To review the record independently in such a case “Would be a complete usurpation of the function of the magistrate.” Conviction quashed; immediate release of accused ordered.