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R. v. Mohamedi s/o Mzee, Crim. Rev. 9-D-68, 27/2/68, Biron J.

R. v. Mohamedi s/o Mzee, Crim. Rev. 9-D-68, 27/2/68, Biron J.

The two accused, whose ages are given in the charge sheet as 13 years and 12 years respectively, were convicted on their own pleas of being rogues and vagabonds. [P.C. s.177(4).] The wording of the particulars of the charge were as follows; “on the 12th day of December 1967 at about 03.30 hrs., at New Bus stand, within the Municipalty and District of Tanga, in Tanga Region, were found wandering upon such highway at such time,

Under such circumstances, as to lead to the conclusion that such persons were there for an illegal or disorderly purposes [sic], thus were stopped and arrested by one Juma s/o Ally.”

            Held: (1) “From these particulars it is impossible to ascertain the circumstances which would lead to the conclusion the  accused were at the bus stand for an illegal or disorderly purpose …… (T)here is not sufficient material on the record on which to sustain the convictions……” Convictions quashed. (2) “Although the sentences will have been executed by now, the is order is not merely academic, as it will have the effect of expunging the convictions and sentences from the records of the two accused.” (3) The magistrate should have made a finding as to the age of the accused juveniles, and medical evidence should have been adduced to this end. [Citing the Children and Young Persons Ordinance, Cap. 13,]


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