REPUBLIC OF HIPPO

IN THE DISTRICT MAGISTRATE’S COURT AT HIPPO

CASE NO………………………..OF 2O12
  
CITY OF HIPPO ……………………………. PROSECUTION
VERSUS 
DESMOND PETERS …………..…………… DEFENDANT
  
PROSECUTION’S SKELETON ARGUMENTS
INTRODUCTION
 ON JANUARY 5TH 2010, A HANDBAG CONTAINING JEWELLERY AND 900 KUDU-BUCKS WAS
TAKEN FROM LOUISA SINGANO AS SHE RETURNED FROM THE MARKET ALONG
BROWNS ROAD. THE VICTIM AND OTHER WITNESSES IDENTIFIED THE ACCUSED,
DESMOND PETERS, AS THE THIEF. DESMOND WAS PRESENT ON BROWNS ROAD AT THE
TIME OF THE THEFT. HE WAS ARRESTED IMMEDIATELY AFTER THE THEFT WAS
REPORTED AND CONFESSED TO BEING A PICK-POCKET BUT DENIED TAKING THE
PURSE.
 ISSUES

 THAT the handbag containing jewellery and 900 KUDU-BUCKS was

property of Louisa Singano.

 
 THAT Desmond Peters without claim of right and with intention to

permanently deprive Louisa Singano of her property took the said handbag.

 
 THAT acts of Desmond Peters constituted a criminal offence under Section

268 (1) of the Penal Code. 

 THAT the burden of proof in this case indeed rests on the prosecution. S.

107 of the Evidence Act places the burden of proving a fact on the person

alleging that fact. This was also the principle in the case of Mancini Vs. D.

P. P. where Viscount Simons stated that, “No matter the charge or where the

trial, the principle that the prosecutor must prove the guilt of the prisoner is

part of the common law of England and no attempt to whittle it down can

be entertained.
 THAT it is beyond all reasonable doubt that Desmond Peters is the thief in

this case as overwhelming evidence points at him which evidence includes: 

 Witness statement of Said Mohamed who actually saw Desmond Peters
and his friend cutting Louisa’s bag with a razor blade and thereafter
taking off.
 Loiusa Singano’s statement that she saw the two boys who stole the
purse and she identified them as both wearing brown pants and one a
white shirt and the other a blue t-shirt. Desmond was actually wearing a
blue t-shirt when he was caught.
 Theela Singano’s statement that she saw the boys commit the crime and
she identified Desmond Peters as one of them.
 THAT the two boys are known to be a nuisance in the market.

Desmond further confessed to being a thief and pickpocket and therefore

has the requisite mens rea. Sec 8 of the Evidence Act states that any fact is
relevant if it shows motive or preparation for a fact in issue. Motive is what
influences a person’s acts or conduct.

We ask the court to find Desmond Peters guilty of the charge of stealing.
 
List of essential reading: 
• Sec 8 of the Evidence Act (Chapter 80), Laws of Kenya

• Section 107 of the Evidence Act (Chapter 80), Laws of Kenya

• Section 268 (1) of the Penal Code (Chapter 63), Laws of Kenya

• Mancini Vs D. P. P. (1942) AC 1
 Dated at Hippo this …….................. Day of …..................……… 2012
 

DRAWN & FILED BY

OFFICE OF THE DPP
NSSF BUILDING
19TH FLOOR
P.O.BOX 90100-0100
HIPPO.
 
TO BE SERVED UPON
MBITHE & COMPANY ADVOCATES
GHOROFA HOUSE
9TH FLOOR
HIPPO.