Written Laws (Miscellaneous Amendments)(No.2) Act, 2002

* Criminal procedure – Appeal – s.362(1) Criminal Procedure Act – requirement that petition be accompanied by proceedings/judgment – High Court discretion to order otherwise; 'shall' construed as permissive in context of s.388. * Compliance with s.365(1) – notice and supply of proceedings. * Right to fair hearing – adequate opportunity to be heard; no abuse of discretion. * Preliminary objection – improper where it seeks to challenge legitimate judicial discretion.

Criminal law – identification of stolen property – complainant must identify exhibits conclusively in court; mere identification at police station or by make insufficient; ownership must be proved. Criminal procedure – appeal against conviction – doubts in prosecution case resolved for accused. Sentencing – concurrent vs consecutive sentences for offences in same transaction; appellate enhancement and invocation of Minimum Sentences Act where inapplicable; manifestly excessive sentences.

Criminal procedure – successor judge taking over trial – section 299(1) CPA – requirement to record reasons and inform accused of right to resummon witnesses – mandatory and jurisdictional; Assessors – section 298(1) CPA – separate opinions required; joint opinion vitiates proceedings; Remedy – partial nullification and retrial from takeover stage.

* Criminal law – visual identification – weak opportunity but requires corroboration; corroboration by pursuit and arrest upheld. * Evidence – PF3 admissibility – failure to comply with s.240(3) renders PF3 valueless and expunged. * Procedure – defective particulars in charge sheet – curable under s.388 if no miscarriage of justice. * Criminal Procedure – change of magistrate and s.214 rights – discretion to inform, record should show exercise, but no material prejudice found. * Sentencing – Minimum Sentences Act applicable; 30-year sentence confirmed for armed robbery in company.

Criminal procedure – Trial conducted by more than one magistrate – Mandatory duty under section 214(2)(a) to inform accused of right to demand re‑summoning/re‑hearing of witnesses – Non‑compliance is a fundamental irregularity and nullity – Remedy: quash proceedings from date of takeover, set aside conviction and remit for retrial – Revisional powers under s.4(2) AJA.

Criminal procedure — Section 214 CPA — Successor magistrate must record reasons for takeover and inform accused of right to re-summon/re-hear witnesses; failure to comply is a serious irregularity rendering affected proceedings and judgment a nullity and requiring retrial.

Criminal procedure – Substitution of charge – Duty to call upon all accused to plead under section 234(2)(a) CPA; non‑compliance renders trial a nullity; cautioned statement improperly admitted – expunged; visual identification – Waziri Amani safeguards; identification of stolen property – necessity of specific marks; jurisdiction – High Court cannot extend time for appeals in matters transferred to subordinate court with extended jurisdiction; retrial – not in interests of justice after long delay and substantial time served.

Criminal Procedure Act s.361(1),(2) – application for extension of time to file notice of intention to appeal – requirement to show good cause – insufficiency of ambiguous prison telegrams and absence of notice in court records – forwarding errors by prison officials not proved.

* Criminal procedure – defective charge and typographical errors – curable under section 388(1) CPA. * Substitution of charge – effect on variance of date/place and necessity for trial court to note substitution. * Reassignment of trial – requirements of section 214(1) CPA and right to resummon witnesses. * Evidence Act s.127 – witnesses of tender years defined (under 14) and procedure to swear or test intelligence. * Admissibility of cautioned/confessional statements – duty to conduct trial-within-trial when contested. * Prosecution’s duty to prove victim’s age in statutory rape cases.

* Criminal procedure – change of presiding magistrate – duty under s.214(1) CPA to consider re-summoning witnesses and consult parties – failure renders trial defective. * Evidence – visual identification – reliability where identification in daylight and witnesses knew accused prior to incident. * Evidence – cautioned/confession statements – admissibility, voluntariness and need for corroboration where retracted. * Trial fairness – minor inconsistencies do not necessarily vitiate conviction; absence of exhibits not fatal if evidence otherwise strong.