R v Mulenga and Lesa (Criminal Review Case 245 of 1939) [1939] ZMHCNR 11 (31 December 1939)

66 Vol. I l] R v. MULENGA AND LESA. Crim inal R eview Case No. 245 of 1939. Behave in a disorderly manner to the annoyance o f a person—person must be specified— charge must be certain. In cases under Municipal By-laws or Townships Regulations where a person is charged with disorderly behaviour, the person annoyed must be specified otherwise the charge is bad for want o f certainty. See also B. v. Mwanza p. 77 post, and R . v. Imbuwa p. 113 post. T h om son , A . J .: The two accused in this case were charged that on 19th July in the Ndola Location they did “ behave in a noisy manner to the annoyance o f any person ” in contravention o f B y-law N o. 212 (38)1 o f the Ndola Municipal By-laws. T o the charge they both pleaded guilty and both were convicted, small fines being im posed. I have no option but to hold that the charge was bad for want o f certainty and was one that no person could have pleaded to or should have been called upon to plead to. In the case o f alleged offences against this by-law (and the corresponding regulation in townships) it is necessary to allege and prove annoyance or disturbance as the case m ay be to a specified person and in this case that has not been done. The Magistrate will appreciate m y meaning when I observe that what was done was very much on a par with charging someone that he did “ steal something ” at a certain time and place in contravention o f section 243 o f the Penal Code. The proceedings were bad from the beginning and both convictions must be quashed. 1 The relevant By-law is now 212 (37).—E d it o r.