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R. v. Chanungu Chipaeni, Crim. Rev. 14-A-68, 12/2/68, Seaton J.
Accused was charged with an offence contrary to section 84 (a) and 96 of the Prisons Ordinance. There was evidence that while–
Visiting a prison, accused threw or let fall cigarettes, allegedly in order to give them to prisoners. Accused stated that if any cigarettes fell, it was accidental.
Held: (1) Section 84 of the Prison Ordinance creates no offence. (2) Section 96 prescribes punishment for prisoners convicted of offences against prison discipline and is not applicable to accused. (3) If warranted, a conviction for bringing or throwing tobacco to a prisoner (Prison Ord. s. 119) could be substituted. However, the facts of the case do not prove any offence beyond reasonable doubt. Conviction quashed.
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