Anage s/o Temu v. R., Crim. App. 560-D-67, 29/9/67, Saidi J.

Anage s/o Temu v. R., Crim. App. 560-D-67, 29/9/67, Saidi J.

It is an offence under the Act to steal from a co-operative registered under the Co-operative Societies Ordinance, Cap. 211. Accused was convicted of such an offence, but no evidence was submitted as to the registration of the co-operative. The only issue was the propriety of the sentence of 2 years and 24 strokes imposed here.

            Held: (1) The Republic argued that under the Evidence Act (1967) s. 59 (1)(b), the Court should take judicial notice of the registration of the co-operative here involved. The section provides, inter alia, “59. The Court shall take judicial notice of the following facts; ---- (b) the existence and title of societies or other bodies the registration of which has been notified in the Gazette.” This section does not require judicial notice to be taken in this case, and the Court declined to do so. (2) Alternatively, the Republic requested the Court to remand the case to the trial court for the taking of evidence as to the registration of this co-operative. This request was rejected because “……. It would be unfair to the appellant to allow additional evidence to be adduced at this stage of the case.” [Citing Salum s/o Alli v. R., Crim. App. No. 108 of 1964 (unreported), law J.] Sentence reduced to 12 months imprisonment.