Monanka Nyamweli v. R., Crim. App. 205-M-68, 11/4/68, Mustafa J.

Monanka Nyamweli v. R., Crim. App. 205-M-68, 11/4/68, Mustafa J.

Accused pleaded guilty to brawling (P.C. s. 89(1)(b) ]. The particulars of the offence were that he created a disturbance at a public meeting” …. By making excessive noise and shouting while the meeting was going on.”

            Held: P.C. s. 89(1)(b) makes it an offence to “….. create a disturbance in such a manner as is likely to cause a breach of the peace.” There was neither averment nor evidence here that the accused ’s shouting was likely to cause a breach of the peace. Consequently the plea of guilty was a nullity. Conviction quashed.