Nyabilimo Andrea v. R., Crim. App. 269-M-67, 6/9/67, Mustafa J.

Nyabilimo Andrea v. R., Crim. App. 269-M-67, 6/9/67, Mustafa J.

Accused was charged and convicted of “robbery with violence c/s 286 of the Penal Code.” The charge correctly quoted the section of the Code appropriate to this offence, but gave wrong section number.

            Held: “The number of the section was obviously quoted in error and I invoke the provisions of Crim. Proc. Code s. 346 ….. as this error cannot occasion any miscarriage of justice or prejudice to the appellant as the particulars of the offence are quite clear. He knew what he pleaded to and with what offence he was charged.”