The appellant was charged with 3 counts of Burglary contrary to Section contrary as read with Section 304(2) as read with Section 279(b) of the Penal Code before the Chief Magistrates Court at Ogembo in Criminal Case no. E1365 of 2023. He pleaded guilty to the charges and he was convicted and sentenced to serve one (1) year imprisonment on each count and the same were to run consecutively.
This appeal is on sentence only.
The state did not oppose the appeal saying the charges were duplex.
I have seen the ground of appeal and perused the record of the lower court. I note that it is true that the charges are duplex.
Article 50 (2) (o) of the Constitution provides that “a person has a right not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted.’’
The principles of autrefois convict or aurefois acquit are crucial in our criminal justice system as they protect the citizens against being subjected to double jeopardy by being prosecuted for an offence for which he was already convicted or acquitted based on the same facts. Though the issue was not raised by the appellant but by prosecution, this court and the prosecution are enjoined by the Constitution to protect and uphold the rights of the people. It is clear that the appellant was already convicted of the same charges in Count 1 and he was also charged with the same charges based upon the same facts in Counts 2 and 3.
I proceed to declare the trial and conviction of the appellant on Counts 2 and 3 Ogembo CMCR Case no. E1365 of 2023 as an illegality and I quash and set aside the conviction and sentence in Counts 2 and 3.
I have taken notice that the appellant was jointly charged with David Nyabuto who was also convicted and sentenced with the appellant under the same circumstances. He has neither appealed nor sought review of the said sentence I proceed to order that the orders hereinabove shall also apply to him in the interest of justice.
The sentence in Count 1 has already been served by the appellant and his said co -convict. Appellant and David Nyabuto are hereby set free forthwith unless they are otherwise lawfully held.
This file is closed.
This appeal is on sentence only.
The state did not oppose the appeal saying the charges were duplex.
I have seen the ground of appeal and perused the record of the lower court. I note that it is true that the charges are duplex.
Article 50 (2) (o) of the Constitution provides that “a person has a right not to be tried for an offence in respect of an act or omission for which the accused person has previously been either acquitted or convicted.’’
The principles of autrefois convict or aurefois acquit are crucial in our criminal justice system as they protect the citizens against being subjected to double jeopardy by being prosecuted for an offence for which he was already convicted or acquitted based on the same facts. Though the issue was not raised by the appellant but by prosecution, this court and the prosecution are enjoined by the Constitution to protect and uphold the rights of the people. It is clear that the appellant was already convicted of the same charges in Count 1 and he was also charged with the same charges based upon the same facts in Counts 2 and 3.
I proceed to declare the trial and conviction of the appellant on Counts 2 and 3 Ogembo CMCR Case no. E1365 of 2023 as an illegality and I quash and set aside the conviction and sentence in Counts 2 and 3.
I have taken notice that the appellant was jointly charged with David Nyabuto who was also convicted and sentenced with the appellant under the same circumstances. He has neither appealed nor sought review of the said sentence I proceed to order that the orders hereinabove shall also apply to him in the interest of justice.
The sentence in Count 1 has already been served by the appellant and his said co -convict. Appellant and David Nyabuto are hereby set free forthwith unless they are otherwise lawfully held.
This file is closed.