ALPHA ZABRAMA v. THE REPUBLIC

JUDGMENT OF TAYLOR J.

The appellant in this case and one other as the first accused were arraigned before the district court grade I charged on two counts with the offences of conspiracy to steal contrary to section 23 of the Criminal Code, 1960 (Act 29), and stealing contrary to section 124 (1) of the said Act 29. He was the second accused and he and his co-accused pleaded guilty to these charges, after which the prosecutor gave to the court the facts of the case as follows:

"The complainant is a cattle dealer at Ashaley Botwe village. On 5 May 1975, his cattle attendant told him of the loss of two of his cows. They searched around their area and later saw one of the cows tied to a tree some distance away. At 7 p.m. that day, the first accused was seen at the area untying the cow. With the help of the others in the area, he was ambushed and apprehended. He then said he and the second accused agreed to steal two cows for the second accused, a butcher at Nima. He added that it was the second accused who asked him to untie the second cow for him. The second accused was arrested later and he confirmed that he had actually agreed to commit the offence with the first accused. He produced ¢180.00 being part payment of the first cow which is worth ¢600.00 and promised to pay the balance later on. The police went round with the accused's relatives to give the second accused the chance to pay the money. For two weeks, neither the second accused nor his relatives paid anything. The two accused persons were charged after investigations."

Before proceeding to conviction and sentence, the district magistrate obtained from the appellant the following explanation:

"I am a cattle dealer. The first accused brought the cows for sale and I bought them. I killed one. He said he was going to bring me a second one. But I did not pay him before I was arrested. I offered to pay ¢300.00 for it. I know that the first accused does not own any cattle. He told me he is a farmer. But once he was selling I bought it. I pleaded for leniency. I realised ¢520.00 from the sale of the first cow.

[p.295]

Although I did not pay the first accused, I gave the police ¢180.00 when I was arrested."

The district magistrate thereupon convicted the appellant and although he was not obliged to give reasons for his decision having regard to the provisions of section 121 (2) of the Criminal Procedure Code, 1960 (Act 30), he nevertheless proceeded to give reasons in a short ruling as follows:

"E