the conviction is set aside because of insufficiency of evidence or for the purpose of enabling the
prosecution to fill up gaps in its evidence at the first trial; even where a conviction is vitiated by a
mistake of the trial court for which the prosecution is not to blame, it does not necessarily follow that a
retrial should be ordered; each case must depend on its particular facts and circumstances and an order
for retrial should only be made where the interests of justice require it and should not be ordered where it
is likely to cause an injustice to the accused person.
References
- Ahmedi Ali Dharamsi Sumar vs Republic [1964] E.A. 481 at p. 482
- Aloys vs Uganda [1972] EA 469
- Fatehali Manji v The Republic [1966] 1 EA 343
No comments:
Post a Comment