Rex v Ramlubhaya
Rex v Ramlubhaya (Criminal Appeal No. 1 of 1949) [1949] EACA 27 (1 January 1949)
The Court held that the right of appeal under section 347 (1) of the Criminal Procedure Code is granted to any person convicted on a trial held by a subordinate Court, regardless of whether a sentence is passed or an order is made under section 34 of the Penal Code. The mandatory duty of the Magistrate to inform the convicted person of the right of appeal arises only when sentence is passed, but the absence of such a duty does not extinguish the right itself. The Court found no sufficient reason to restrict the right of appeal to cases where a conviction is followed by a sentence, and rejecte…
Source excerpt
- Criminal Trespass
- Right Of Appeal
- Binding Over Orders
- Interpretation Of Statutes