Masanya v Regina (Criminal Appeal No. 19 of 1952)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The term 'unemployed person' under the Voluntary Unemployed Persons Ordinance 1949 is a term of art requiring the person to be between 12 and 45 years of age. Before conviction, the accused must either admit being under 45 or this fact must be proved. Where neither occurred and the appellant appeared over 45 and stated he was 50, the plea was not unequivocal and the conviction could not stand.
Outcome
Appellant released forthwith
Facts
The appellant was convicted by the First Class Magistrate at Nairobi of being an unemployed person and failing to report within seven days to the Labour Exchange, contrary to section 6(2) of the Voluntary Unemployed Persons Ordinance 1949. The appellant appeared to be over 45 years of age and stated that he was 50 years old. No evidence was led to prove his age, nor did he admit in his plea that he was under 45 years of age.
Issues
- Whether the appellant's plea constituted an unequivocal plea of guilty to being an unemployed person under the Voluntary Unemployed Persons Ordinance 1949.
- Whether proof of age is a necessary element of the offence of being an unemployed person under the Ordinance.
Orders
- Appeal allowed.
- Conviction quashed.
- Sentence set aside.
- Appellant to be released forthwith.
Rules and key headnotes
Legislation cited (1)
- Voluntary Unemployed Persons Ordinance 1949 s.6(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.