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APPEALS AND REVIEWS



Cases from the subordinate courts may be subject to a first appeal before the high court and a second appeal to the court of appeal.

Section 347 CPC provides that he first appeal may be on a matter of law and or fact.

Section 348 CPC provides that in the case of a plea of guilty one can only appeal on the extent or legality of the sentence.

Section 348A of he CPC provides for the attorney general to appeal against acquittal or an order in favour of the accused only on a point of law.

Section 349 – the appeal must be lodged within 14 days of sentencing.  The time can be extended if failure to lodge has been occasioned by the inability of the accused or his advocate to obtain judgment and proceedings through no fault of their own.

Appeals are to be in written form in a petition and they are to be presented either by the accused or his advocate and every appeal must be accompanied by a copy of the judgment or order appealed against (unless the High Court rules otherwise).

It shall be signed by whoever is lodging it and must contain the matters of fact or law in regard to which the subordinate court is alleged to have erred.  The petition must indicate the address for the service of the document.  The appellant shall not be allowed at the appeal to include other grounds other than those they have set in the appeal.

They may amend without notice to the AG and leave of Court, but with notice to the Registrar where within 5 days of filing they have not received copies of the proceedings from the subordinate court having applied fo rhte same before he expiry of the 14 days.  One can amend their grounds if they don’t have the proceedings.  This provision of making amendments without AG or leave of court does not apply where the accused is represented on appeal by the advocate who represented him before the subordinate court.


Section 350(2)(ii) (v) of CPC MAKES ELABORATE PROVISIONS ON SERVICE OF THE PETITION

Section 351 CPC provides that accused persons who are in prison may present their petition through the officer in charge of the prison for onward transmission to the court.

Section 352 CPC makes provision for summary rejection of appeal.  Where the appeal is brought on the ground that the conviction is against the weight of evidence, or that the sentence is excessive.  If it appears to the judge that there is sufficient evidence to support the conviction and there is no material to raise doubt on the conviction or to warrant the reduction of sentence; they may without setting the matter for hearing reject the appeal by making an order certifying that they have perused the record and are satisfied that the appeal has been lodged without sufficient grounds for complaint in which case the accused need to be given opportunity to be heard in  support of the appeal.  In all other cases they must be given opportunity to support the appeal.  The accused need not to come and adduce evidence in support of appeal in this case.  in other cases the accused is given an opportunity to support the appeal.

Section 352A CPC  makes provision that where the court is of the opinion that conviction cannot be supported and the AG has informed the court in writing that he does not support the conviction, the judge may summarily allow the appeal.

 
 
 

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