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Alfred Bazila v. R., (PC) Crim. App. 381-M-68, 30/5/68, Mustafa J.



Alfred Bazila v. R., (PC) Crim. App. 381-M-68, 30/5/68, Mustafa J.

Accused, a messenger employed by the Bukoba District Council, was in charge of prisoners held at a Primary Court. He let two prisoners out of their cells and ordered them to wash his clothes while he went for a walk. The prisoners escaped, and accused was charged under section 117 (1) of the Penal Code which applies to “any person who aids a prisoner in escaping or attempting to escape from lawful custody ……”

            Held: “(T)he word ‘aid’ would import .. an element of positive assistance and/or an intention of helping the prisoners to escape. The evidence led only establishes that [accused] was extremely negligence and careless.” Conviction quashed.

  

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