Hon. Attorney General v Chemorore
Hon. Attorney General v Chemorore (Criminal Appeal No. 149 of 1952 (Case Stated)) [1952] EACA 302 (1 January 1952)
The court held that the respondent's reliance on the previous judgment, which found the Provincial Commissioner's order to be beyond his powers, constituted a lawful excuse for neglecting to obey the subsequent similar order. The concept of 'lawful excuse' is broader than 'lawful authority' and encompasses reasonable belief in authority or reliance on judicial findings. The Magistrate was correct in dismissing the charge under section 208 of the Criminal Procedure Code, as convicting the respondent in these circumstances would not be consistent with good law or sense. The appeal was therefore…
Source excerpt
- Lawful Excuse
- Native Authority Orders
- Autrefois Acquit
- Judicial Precedent
- Land Occupation
- Criminal Procedure