Nyamu v Queen
Nyamu v Queen (Criminal Appeal No. 293 of 1956) [1956] EACA 40 (1 January 1956)
The conviction was quashed because the charge failed to aver and the record failed to establish two essential ingredients of the offence: that the area was a closed district and that the accused was a person who required a licence to remain there. The plea entered by the accused did not amount to an unequivocal plea of guilty to every element of the offence, as required by law. The absence of evidence or particulars regarding the closed district status of the area and the accused's licensing requirement rendered the conviction unsafe. The appellate court held that these deficiencies were fata…
Source excerpt
- Plea Of Guilty
- Elements Of Offence
- Defective Charge
- Outlying Districts
- Summary Trial