Rex v Dossani
Rex v Dossani (Criminal Appeal No. 77 of 1945) [1946] EACA 39 (1 January 1946)
The Court held that the High Court was correct in ordering a re-trial because, although there were procedural irregularities and omissions prejudicial to the accused, there was evidence on record that could support a conviction. The irregularities, such as improper rejection of defence evidence and failure to examine a key invoice, rendered the original trial unsatisfactory. However, since the evidence was sufficient to potentially sustain a conviction, the fairest course was to order a re-trial rather than an acquittal. The Court emphasized that a re-trial is not to be used to allow the pros…
Source excerpt
- Retrial Orders
- Criminal Procedure Irregularities
- Agent Provocateur Evidence