Rex v Ramazani (Criminal Appeal No. 114 of 1947) [1947] EACA 38 (1 January 1947)

# COURT OF APPEAL FOR EASTERN AFRICA

## Before NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and EDWARDS, C. J. (Uganda)

# REX, Respondent (Original Prosecutor)

# RAMAZANI s/o WAZIRI. Appellant (Original Accused) Criminal Appeal No. 114 of 1947

(Appeal from decision of H. M. High Court of Tanganyika)

## PRACTICAL NOTE

Observations on the practice adopted by some Judges of indicating in open Court the form that their recommendation to the Governor in a capital case will take.

## Appellant absent, unrepresented.

Holland, Crown Counsel (Kenya), for the Crown.

JUDGMENT (delivered by NIHILL, C. J.).—The evidence for the prosecution as accepted by the learned trial Judge and the assessors establishes the offence of murder. That some provocation was offered to the appellant by the deceased is evident, but it fell far short of being sufficiently grave to afford him any legal protection. This appeal must be dismissed.

We have already during the present sittings of this Court commented on the practice adopted by some Judges in these territories of indicating in open Court the form that their recommendation to the Governor in a capital case will take and have expressed our view that it is not a good one. The judgment in the present case affords an illustration of some of its drawbacks. The learned Judge, after indicating in his judgment that he proposed to make a strong recommendation for mercy, changed his mind after the Allocutus which preceded the passing of the death sentence. We think the learned Judge would have been better advised to have said nothing at all on the subject, but to have left the matter over for calm consideration at a later stage.