R v Zwao alias Continau (Criminal Review Case 205 of 1939) [1939] ZMHCNR 5 (31 December 1939)

[Vol. II R. v. ZWAO alias CONTINAU. Criminal R eview Case No. 205 of 1939. Recording finding o f Court on record. This abstract from the judgment o f His Honour the Acting Judge indicates the correct method o f recording the finding o f court. J effreys, A . J .: It is necessary to show o f what offence the accused “ Guilty ” is not sufficient, see Criminal Procedure person is convicted. Code section 158 (2). Ordinarily, where the accused person is convicted o f the offence with which he is charged it is sufficient to record “ Guilty o f the charge as laid ” . Where, however, a person is charged (for example) with theft contra Penal Code section 243, but is convicted o f receiving, which can be lawfully done b y virtue o f Criminal Procedure Code section 171,1 the judgm ent would read “ Guilty o f receiving stolen property knowing it to be stolen, contra Penal Code section 286 (1) ” and a note should be added “ see Criminal Procedure Code section 171 ” . 1 Now by virtue of section 174 (1) (a) Criminal Procedure Code.—Editor.