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Patrick Siana v. Republic

(1993) JELR 93625 (CA)

Court of Appeal  •  Criminal Appeal 67 of 1993  •  28 Jul 1993  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Richard Otieno Kwach

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(Coram: Kwach, Omolo and Akiwumi JJ A)

CRIMINAL APPEAL NO. 67 OF 1993

PATRICK SIANA ...................... APPELLANT

VERSUS

REPUBLIC...........................RESPONDENT

(Appeal from a judgment of the High Court of Kenya at Mombasa

(Mr Justice Wambilyanga) dated 9th July, 1993,

in HC CR A No 202 of 1993)

JUDGMENT

Patrick Siana (the appellant) was convicted by the Resident Magistrate, Kwale, on his own plea of guilty of the alternative charge of conveying property suspected to have been stolen contrary to section 323 of the Penal Code and sentenced to 12 months imprisonment. His appeal to the superior court against both conviction and sentence was dismissed by Wambilyanga, J on 9th June, 1993, and he now appeals to this Court.

At dawn, on the material day, the police acting on information received, tried to stop a vehicle in which the appellant and another person were travelling at Vinuni in Kwale. The driver refused to stop and the police gave chase. At Matuga, t…

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