Cap. 9 Art. 413Appeals from judgmentsofthe Court of Magistrates as courtofcriminal judicature.

(1) Any judgment of the Court of Magistrates may be appealed against -

(a) by the party convicted;

(b) in cases relating to summary proceedings for offences within the jurisdiction of the Court of Magistrates as a

Court of Criminal Judicature under article 370(1), by the Attorney General, and, in the cases mentioned in article 373, by the complainant where:

(i) the inferior court rules that it has no jurisdiction to take cognizance of the offence;

(ii) the fact of which the party accused has been convicted is liable to a punishment exceeding the jurisdiction of that court as a court of criminal judicature;

(iii) the punishment awarded by the inferior court, is, by reason of its quality or quantity, different from that prescribed by law for the offence for which the party convicted has been sentenced;

(iv) the accused or defendant is acquitted on the ground -

(i) that the fact does not contain the ingredients of an offence,

(ii) of extinguishment of action,

(iii) of a previous conviction or acquittal;

(v) the defendant, in a case in which he has been allowed to prove the truth of the fact attributed to the complainant in accordance with the provisions of article 253, is declared to be exempt from punishment;

(vi) the Police, or, as the case may be, the complainant has not been allowed at the trial to produce, in support of the charge, some indispensable evidence which was admissible according to law;

(vii) the party accused was released from any of the obligations referred to in article 321 of the Code of Police Laws or in article 377 of this Code, or from the observance of any of the prohibitions made, or from the observance or execution of any of the prohibitions or orders made or given, by the Police or by any other public officer, under the Code of Police Laws or any other law;

(viii) the judgement of the inferior court is null by reason of lack of formality or procedural requirements;

(c) in all other cases by the Attorney General.

(2) Where a judgement is given in respect of several offences and a right of appeal under paragraph (c) of the preceding sub-article, or under any other law, is competent in respect of one of those offences, an appeal shall lie in respect of any other of those offences within the jurisdiction of the Court of Magistrates as a court of criminal judicature under article 370(1) connected with that offence.

There is connection between offences when -

(i) the facts of the offences are substantially the same; or

(ii) an offence has served as a means for the commission of another offence; or

(iii) the proof of an offence or of a circumstance thereof has a bearing on the proof of another offence or of a circumstance thereof.

(3) Where the accused or defendant is acquitted on any of the grounds laid down in sub-article (1)(b) (iv), (v) and (vi), the court shall clearly state such ground in the judgment, in default whereof the decision shall be null, and such nullity shall constitute a ground for appeal by the Attorney General, and, in the cases referred to in article 373, by the complainant.