Facts
The respondent was convicted by the District Court, of threatening violence and sentenced to four months imprisonment. Immediately thereafter, his advocate gave notice of appeal and applied for a copy of proceedings and judgment. The same day, relatives of the respondent complained to the Judge about the case. The Judge sat in revision on the following day, which was a Saturday, and F quashed the conviction and set aside the sentence. The Director of Public Prosecutions appealed.
Held: (i) Section 89(2)(a) of the Penal Code includes the ingredient of a threat to kill.
(ii) Where a party has an advocate, a Judge should entertain complaints through Counsel and not through the party's relatives.
(iii) In terms of s 374 of the Criminal Procedure Act, the judge is not obliged to hear the parties on revision, but the practice in the High Court has been to notify the Director of Public Prosecutions the need to adhere as far as possible to that practice is emphasized.
Case Information
Appeal allowed.
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