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R. v. James s/o Yohana, Crim Rev. 51-A-67,-/1/68, Seaton J.

R. v. James s/o Yohana, Crim Rev. 51-A-67,-/1/68, Seaton J.

Accused and three others were convicted of burglary and theft. The trial court found accused to be above 20 years of age on the bases of his appearance. A petition was filed on his behalf with an affidavit from his brother, stating that he was only 14.5 years old, and should therefore be dealt with according to the Children and Young Persons Ordinance [Cap. 13] Subsequently, a certificate was obtained from a medical officer and presented to the High Court on appeal, indicating that the medical officer though the accused to be between 16-18 years of age.

            Held: (1) There is nothing in the Act which would make a certificate by a registered medical practitioner conclusive evidence as to accused ’s age. The real purpose of section 16(2) is to make such certificates receivable as evidence while dispensing with the need to call the doctor as a witness. (2) A finding as to accused ’s age by a subordinate court, under section 16(1), and an order based thereon, may be set aside by the High court under the appeals provisions in Part V of the Act. The Court accepted the affidavit of the accused ’s brother.


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