The Appellant was charged with and convicted of two counts,
namely, shop breaking and stealing and an alternative second count of receiving
stolen property. He was sentenced to ten (10) years’ imprisonment. The trial of
the Appellant was done in his absence because he had absconded just after a
preliminary hearing had been conducted. He was convicted without making his
defence. Having been dissatisfied with both conviction and sentence, the
Appellant filed this appeal before the High Court challenging the decision of
the trial court arguing that it was based on weak evidence, he was not afforded
opportunity to defend himself and that he was wrongly convicted of shop
breaking and stealing and an alternative offence of receiving stolen property.