Rex v Banha and Others (Cr. Conf. Case No. 57/35.)
Rex v Banha and Others (Cr. Conf. Case No. 57/35.) [1935] EACA 137 (1 January 1935)
The court held that the conviction of the second accused could not stand because the magistrate improperly relied on inculpatory statements made by the accused during plea, despite a plea of not guilty being entered, contrary to established legal principle. Additionally, the second accused was denied the opportunity to call a witness to support his alibi, which was a fundamental procedural right. The court found that the available admissible evidence against the second accused was insufficient to warrant a retrial, especially considering the nature and weight of the evidence and the time alre…
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- Plea Admissions
- Right To Call Witnesses
- Alibi Evidence
- Criminal Procedure