R v Mununga and Others (Criminal Review Case 220 of 1941) [1941] ZMHCNR 6 (31 December 1941)

120 V ol. II] R. v. MUNUNGA AND OTHERS. Crim inal R eview Cases Nos. 220-225 of 1941. Rogue and vagabond— section 158 (4) o f the Penal Code. The object o f this section is to deal with suspicious characters acting in a suspicious manner and the facts o f the case must show that both these elements are present otherwise a conviction should not be recorded. R obinson, A . C . J .: In these six cases the facts are all the same. On the night o f 3rd/4th August the six women charged were found in bed with male hospital patients in the venereal disease section o f the Mongu Native Hospital. They were none o f them registered patients and they had no right to be in the hospital precincts at the time. They were charged contra section 158 (4) Penal Code with being rogues and vagabonds in that they were found upon premises, to wit, the Native Hospital, in circumstances as to lead to the conclusion that they were there for a disorderly purpose. U nfortunately the rest o f the subsection does not at all fit the facts o f the case. It says “ every person found wandering in or upon or near any prem ises or in any road or highway, etc., at such tim e and, under such circum stances as to lead to the conclusion that such person is there for an illegal or disorderly pur­ pose ” . The whole essence o f the section is to deal with suspicions characters acting in a suspicious manner. A charge under that section does n ot cover the facts in the cases and it is w ith regret that I quash the convictions and order the fines to be refunded. Speaking generally I appreciate the Magistrate’s desire that sen­ tences o f imprisonment should be served in order to see if any o f the women had been infected b y venereal disease. I f that was so, there was no necessity at all to give the option o f a fine.