R v Kasonde (Criminal Review Case 91 of 1938) [1938] ZMHCNR 4 (31 December 1938)

14 Vol. II] R. v. KASONDE. Criminal R e v ie w Case N o. 91 of 1938. Preliminary inquiry— murder— charge reduced during course o f proceedings to manslaughter— charge dealt with by Subordinate Court summarily— plea should be taken before such summary adjudication. The judgm ent in this case draws attention to the need to charge the accused and to record his plea where a Subordinate Court having held a prelim inary inquiry decides to exercise its powers under section 210 o f the Criminal Procedure Code and to deal with the charge sum m arily. I t w ill be noticed that section 210 provides that the Subordinate Court m ay, in certain circum stances and subject to the provisions o f Part V I o f the Criminal Procedure Code, hear and finally determine the m atter sum m arily; P art V I requires the sub­ stance o f the charge to be stated to the accused person b y the Court and for the accused person to be called upon to plead thereto (Criminal Procedure Code, 2, 187). A Subordinate Court has no longer ju risdiction to deal sum­ m arily with a case o f manslaughter. See also R . v. Kafungwa, p. 60 post. F ra n cis, C . J .: There is a difference between this case and Rex v. Changala and Two Others, Broken H ill. In this case, although the prelim inary inquiry com m enced on the basis o f a charge o f murder, there was during the course o f the proceedings an am endm ent o f the charge to one o f manslaughter, upon which basis the accused entered into his defence. D irectly the M agistrate decides to deal w ith a case summarily, he should charge the accused and record his plea. I t does not appear to have been done in this case— but the om ission, in m y view in the cir­ cumstances o f this case, is n ot vital, and does n o t occasion a failure of justice. A copy o f the Order in R ex v. Changala1 should be sent to the Magis­ trate. 1 Reported at p.30 post.