Pius M. Mkonya v. R., (PC) Crim. App. 747-M-67, 4/10/67 Cross J.

Pius M. Mkonya v. R., (PC) Crim. App. 747-M-67, 4/10/67 Cross J.

Accused was convicted on a charge which in a single count stated that he had made and sold native liquor without a licence. Liquor was found on the premises of the accused and in a nearby open-air bar. There was evidence that servants of the accused had carried liquor from his premises to the bar and had sold it there.

            Held: (1) Section 49(2) of the Native Liquor Ordinance, which deals with the vicarious liability of licence for acts of his servant or agent relates only to offences committed on licensed premises. (2) The evidence was sufficient to convict accused of selling native liquor without a licence.[Native Liquor Ordinance, s. 50.] (3) The making and selling of native liquor without a

licence are separate offences and should not have both been charged in a single count. However, the irregularity did not occasion a failure of justice. Conviction upheld