R v Jam Johannes (Criminal Review Case 1 of 1936) [1936] ZMHCNR 4 (31 December 1936)
A recommendation for deportation cannot be made on a plea of guilty without an outline of the prosecution case or evidence of the principal witness being recorded.
Source-derived case information.
- Citation
- [1936] ZMHCNR 4
- Parties
- Accused: Jam Johannes; Prosecution: Republic
- Court
- High Court of Northern Rhodesia
- Jurisdiction
- Zambia
- Case Number
- Criminal Review Case 1 of 1936
- Procedural Posture
- Criminal Review / Review of Conviction and Recommendation for Deportation
- Outcome
- Additional evidence ordered
- Legal Topics
- Housebreaking, Theft, Deportation, Plea of Guilty, Sentencing Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jam Johannes
Accused
Republic
Prosecution
Procedural Posture
Criminal Review / Review of Conviction and Recommendation for Deportation
Legal Issues
- 1 Whether a court may recommend deportation on a plea of guilty without an outline of the prosecution case or evidence of the principal witness
Ratio Decidendi
A recommendation for deportation cannot be made on a plea of guilty without an outline of the prosecution case or evidence of the principal witness being recorded.
Court Disposition
Additional evidence ordered
Orders
- Additional evidence to be taken regarding the prosecution case or evidence of the principal witness
Full Case Text
Judgment text and source record
1 paragraphs
106 Vol. I] R. v. JAM JOHANNES. A Cr im in a l R e v i e w Ca s e o f 1936. Charge of housebreaking and theft—-plea o f guilty— conviction— recom mendation for deportation— no outline o f case fo r the prosecution or record of the evidence of the principal witness. Where an accused person pleads guilty to a criminal charge upon conviction for which the convicting Court m ay recom m end deporta tion within the Territory under the Penal Code section 34, the convicting Court must include in the record an outline o f the case for the prosecution or o f the evidence of the principal witness in order that the High Court may have knowledge o f the circumstances surrounding the offence for which such deportation is recommended. Francis, J . : Although the Magistrate is entitled, on a plea o f guilty, to sentence accused forthwith, I am not prepared to recommend depor tation in the absence o f an outline of the case for the prosecution and a record of the evidence o f the principal witness. I I I order that such additional evidence be taken.