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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 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.…

…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.…

…His first appeal against conviction and sentence was dismissed by Mbaya, J and he has now appealed to this court.…