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The appellant was denied his right to be heard on his defence before judgment was delivered in absentia, contrary to section 226 of the Criminal Procedure Act; this procedural irregularity vitiates the proceedings from the point of absence and requires a retrial of the defence before a new magistrate.
Source excerpt
The appellants' right to be heard was violated as they were not given an opportunity to explain their absence or present their defence after arrest, rendering the conviction unsafe. The prosecution evidence was insufficient to ground conviction, and a retrial would cause injustice. Conviction quashed and appellants released.
Source excerpt
The High Court allowed a criminal appeal, quashed a conviction entered in the appellant’s absence, set aside the sentence, and ordered his release.
The High Court set aside Moses Miransi’s conviction because he was convicted in his absence without being allowed to defend himself or cross-examine witnesses.
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