Rex v Jonas Moross (alias Moroosi Dalene) [1909] ZAHCORC 16 (6 July 1909)

Criminal procedure.-Review.-Ordinance 3 of 1903, sec. 17.-Uncon victed prisoner.-Escape.

M, an unconvicted prisoner awaiting trial, escaped from custody whilst being conveyed from one gaol to another, and was convicted and sentenced therefor by a resident magistrate under sec. 17 of Ordinance 3 of 1903. Held, on review, that an unconvicted prisoner does not come within the provisions of the section, and that the conviction and sentence must be quashed. Rex v. Kamel ([1907] O.R.C. 80) followed.