R v Jam Johannes (Criminal Review Case 1 of 1936) [1936] ZMHCNR 4 (31 December 1936)

106 Vol. I] R. v. JAM JOHANNES. A Cr im in a l R e v i e w Ca s e o f 1936. Charge of housebreaking and theft—-plea o f guilty— conviction— recom­ mendation for deportation— no outline o f case fo r the prosecution or record of the evidence of the principal witness. Where an accused person pleads guilty to a criminal charge upon conviction for which the convicting Court m ay recom m end deporta­ tion within the Territory under the Penal Code section 34, the convicting Court must include in the record an outline o f the case for the prosecution or o f the evidence of the principal witness in order that the High Court may have knowledge o f the circumstances surrounding the offence for which such deportation is recommended. Francis, J . : Although the Magistrate is entitled, on a plea o f guilty, to sentence accused forthwith, I am not prepared to recommend depor­ tation in the absence o f an outline of the case for the prosecution and a record of the evidence o f the principal witness. I I I order that such additional evidence be taken.