Read the full judgment text of HCMA 341/2014 on BabelCite. This High Court CFI judgment was delivered on 6 January 2015.
1. A magistracy appeal is an appeal by way of rehearing. In an appeal of this type, the appellate court is required to reach its own independent decision as to whether it is satisfied beyond reasonable doubt of the guilt of the appellant on the record of the evidence given at trial supplemented by any further evidence it may admit. The appellate court in recognising that a magistrate has had the advantage of seeing and hearing the witnesses, will only differ from his or her factual findings or