The Applicant was first charged with the offence of stealing from person
contrary to section 269 of the Penal Code. The prosecution presented its case
to the end but when the Applicant was called to defend himself, the prosecution
prayed to substitute the charge against the Applicant from that of stealing
from person to that of robbery contrary to section 286 of the Penal Code. After
the accused person had closed his defence the Primary Court called an
additional witness as a witness of the court. The court found accused guilty
and convicted him of the offence of robbery contrary to section 286 of the
Penal Code and sentenced him to serve a term of 15 years’ imprisonment. His
appeal to the District Court was struck for lack of a certificate of the Prison
Officer to prove that the Appellant was the one who wrote the memorandum of
appeal. The Applicant applied to the High Court for leave to appeal out of
time. The High Court found it fit to revise the proceedings in the interest of
justice.