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The Court of Appeal upheld the refusal to extend time to appeal, finding the six-year delay inordinate and the original record showed conviction before sentencing.
Failure to convict before sentencing is a fatal procedural irregularity not curable under section 388 of the CPA, and the evidence was insufficient to establish the offence against the appellants.
Source excerpt
The Court of Appeal quashed a criminal conviction and sentence because the trial court sentenced the accused without first entering a conviction.
The Court of Appeal held that sentencing without first entering a conviction was an error, quashed the ensuing proceedings as a nullity, and set the respondent free.
The Court of Appeal quashed the lower courts' decisions after finding the trial court sentenced the appellant without first entering a conviction.
Sentencing an accused without first entering a conviction is a fatal procedural irregularity under section 235(1) of the Criminal Procedure Act, rendering subsequent proceedings, including appeals, incompetent and a nullity.
Source excerpt
The Court of Appeal held that sentencing without a formal conviction is a fatal irregularity, quashing the sentence and earlier proceedings and remitting the record.
The proceedings and judgments of the District Court and High Court were quashed and sentences set aside because the charge sheet was fatally defective and the appellant was sentenced without a conviction, both of which are fatal errors that prejudiced the appellant and rendered the entire process a nullity.
Source excerpt
The proceedings and judgments of the District Court and High Court were quashed and sentences set aside because the charge sheet was fatally defective and the appellant was sentenced without a conviction, both being fatal procedural errors. A retrial was not ordered due to weak and unreliable prosecution evidence, and the appellant was ordered to be released.
Source excerpt
The Court of Appeal quashed convictions for a fatally defective charge sheet and for sentencing without conviction, and ordered the appellant’s release.
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