R v Sampa and Kasakanshya (Criminal Review Case 1 of 1937) [1937] ZMHCNR 8 (31 December 1937)

[Vol. I R. v. SAMPA AND KASAKANSHYA. A Cr im in a l R e v ie w Case of 1937. District Messengers Ordinance (Cap. 43) section 7 (6)— charge of neglect to perform duty—necessity for proving that the duty was imposed by a Provincial Commissioner or a District Officer. In order to sustain a conviction under section 7 (6) of the District Messengers Ordinance it is necessary to prove that the duty which the accused messenger is charged with neglecting to perform was imposed by a Provincial Commissioner or a District Officer. The District Messengers Ordinance is now Cap. 70 o f the Law's. See also R. v. Nawa p.157 post. Francis, J . : In this case there is no proof that the duty for the failure of which the accused were charged and convicted was a duty imposed by a Provincial Commissioner or District Officer. The matter has been referred to the Attorney-General who is unable to sustain the conviction. The convictions are hereby quashed and the fines must be returned.