Bhaga v Rex
Bhaga v Rex (Criminal Appeal No. 4 of 1951) [1951] EACA 114 (1 January 1951)
The court held that, in the absence of evidence to the contrary, it must be presumed that the magistrate complied with the requirement to read and explain the charge to the appellant. The appellant's admission to making a false statement, given the particulars of the charge, constituted an unequivocal plea of guilty to all elements of the offence under section 12(1)(b), as it was inconceivable he did not know the statement was false or its purpose. However, the magistrate exceeded his powers by cancelling the appellant's pass, as section 12(3) only authorizes cancellation of a permit, certifi…
Source excerpt
- Immigration Offences
- False Statements
- Plea Of Guilty
- Powers Of Magistrate