R v Ndembele and Others (Criminal Review Case 226 of 1940) [1940] ZMHCNR 10 (31 December 1940)

100 Vol, II] R. v. NDEMBELE AND OTHERS. Crim inal R eview Case N o. 226 of 1940. Joinder o f accused— similar offences. In this case seven persons were indicted for wearing clothing in im itation o f District Messengers’ uniforms. The seven accused should have been indicted separately because the offence o f any one o f the accused was in no way concerned with the offence committed by any o f the other accused although each accused committed an offence under the same section. See also B. v. Supuni 4 N . R . L. R . 249. Law, C . J.: Though each accused has com m itted an offence under section 8 (1) Cap. 43, no one accused appears to have been concerned with the actual offence committed by any o f the other accused. In other words A is in no way concerned with B ’s offence though both offences fall under the same section. Strictly speaking, the accused should have been tried separately, but as no injustice was suffered b y any o f the accused it is not proposed to make any order in the case.