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….…….RESPONDENT JUDGEMENT This is an appeal against the summary rejection of the appellant’s first appeal to the High Court under section 352 (2) of the Criminal Procedure Code.…

…Thus, as the learned High Court judge said on first appeal the wrong section was quoted in the charge.…

…On first appeal, the sentence was thought lawful, save that it was lucky that the appellant had not been awarded labour or police supervision.…

…The prison sentence of ten years on a first offender looks to us to be extremely severe and we are somewhat disturbed that the learned first appeal judge did not find it fit to interfere.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…The appellant’s complaint that he appeared at the identification parade while handcuffed was a live issue both at his trial and on his first appeal. Neither of the two courts below dealt with it satisfactorily.…

…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…

…The task of an appellate Court on a first appeal from a conviction was discussed and settled by the decisions of the predecessor of this court in Pandya v R [1957] EA 336 and in Shantilal M Ruwala v R [1957] EA The totality…

…facts of it, we are not presently concerned with the circumstances of the offence or of the appellants’ substantive appeals from their convictions thereof, but only with their appeals from the judge’s refusal to admit their first…

…appeal out of time.…

…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…