Nathoo v Rex (Criminal Appeal No. 6S of 1941)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that the evidence of the alleged sellers of leopard skins was accomplice evidence which required corroboration in the absence of exceptional circumstances. The magistrate failed to address his mind to this requirement. The conviction was therefore bad in law and was quashed, with the sentence set aside and the fine ordered to be refunded if paid.
Outcome
Conviction and sentence quashed; fine to be refunded if paid
Facts
The appellant was charged in the Second Class Magistrate's Court at Kitui with buying two leopard skins without a permit, contrary to section 36 of the Game Ordinance. The appellant admitted having no permit but denied purchasing the skins. On the evidence of the two alleged sellers, he was convicted and sentenced to a fine of Sh. 200 or one month's imprisonment with hard labour in default. The leopard skins alleged to have been sold were not found.
Issues
- Whether the evidence of the alleged sellers of leopard skins constituted accomplice evidence requiring corroboration.
- Whether the magistrate erred in law by failing to direct his mind to the necessity of corroboration of accomplice evidence in the absence of exceptional circumstances.
Orders
- Conviction quashed.
- Sentence quashed.
- Fine, if paid, directed to be refunded.
Rules and key headnotes
Legislation cited (1)
- Game Ordinance (Ordinance 38 of 1937) s.36
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.