Donatus s/o Ishindike v. R., (PC) Crim. App. 115-M-67, 25/7/67, Cross, J.

Donatus s/o Ishindike v. R., (PC) Crim. App. 115-M-67, 25/7/67, Cross, J.

In the District Court, accused sought leave to appeal out of time his conviction in Primary Court. His claim, that he did not know the appeal procedure was rejected, because the right of appeal was explained to him in the primary court. The District Court’s second reason for rejecting accused ’s application was that the appeal was unlikely to succeed.

            Held: Upon examining the trial court record, the High Court found that accused ’s appeal would be likely to succeed, if heard. The District Court was ordered to hear the appeal out of time.