Katabaro v Reginam
Katabaro v Reginam (Criminal Appeal No. 206 of 1956) [1950] EACA 583 (1 January 1950)
The High Court erred in summarily dismissing the appeal under section 317(1)(b) of the Criminal Procedure Code, as the grounds raised involved questions of proper conduct of trial and not merely the weight of evidence. The summary rejection power is strictly limited and does not extend to cases where procedural irregularities or misdirection are alleged. Furthermore, the practice of enhancing sentences by revisional order after notice of appeal but before determination of the appeal is undesirable and prejudicial, as it may disqualify the revising judge from hearing the appeal and create proc…
Source excerpt
- Summary Dismissal Of Appeal
- Enhancement Of Sentence
- Jurisdiction Of High Court
- Revision During Pendency Of Appeal