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Rex v Abdulla (Cr.A. 144/1936.) [1936] EACA 109 (1 January 1936)
- Citation
- [1936] EACA 109
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Dalton, C.J(Tanganyika), Hearne, J (Tanganyika), Sheridan CJ
- Case number
- Cr.A. 144/1936.
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Dalton, C.J(Tanganyika), Hearne, J (Tanganyika), Sheridan CJ
- Case number
- Cr.A. 144/1936.
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction for rape was upheld because the complainant's evidence, though that of a child of tender years, was corroborated by the sworn testimony of a fourteen-year-old boy. The court found that such corroboration is legally sufficient to justify a conviction. The court also noted a procedural defect in the form of the statutory certificate but held that it did not affect the merits or outcome of the case.
Court disposition
appeal dismissed
Orders
- The appeal is dismissed.
02
Material facts
Parties
Ramazani Sajabi s/o Abdulla
AppellantRex
Respondent Counsel: Branigan, Crown Counsel (Tanganyika)03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the evidence of a child of tender years requires corroboration to sustain a conviction for rape.
- 02
Whether the evidence of a boy of fourteen years given on oath is sufficient corroboration.
Party arguments
- Applicant
- The appellant was absent and unrepresented; no arguments were advanced on his behalf.
- Respondent
- The Crown argued that the evidence of the complainant, a child of tender years, was sufficiently corroborated by the sworn testimony of a fourteen-year-old witness, justifying the conviction for rape.
05
Court’s reasoning
Legal principles
- 01
Court of Appeal for Eastern Africa, judgment delivered by Sir Joseph Sheridan, C.J.
The evidence of a child of tender years may be sufficiently corroborated by the sworn evidence of a witness aged fourteen years.
- 02
Court of Appeal for Eastern Africa, judgment delivered by Sir Joseph Sheridan, C.J.
Defects in the form of statutory certificates do not affect the outcome where no prejudice is caused.
06
Ratio, limits and disposition
Ratio decidendi
The conviction for rape was upheld because the complainant's evidence, though that of a child of tender years, was corroborated by the sworn testimony of a fourteen-year-old boy. The court found that such corroboration is legally sufficient to justify a conviction. The court also noted a procedural defect in the form of the statutory certificate but held that it did not affect the merits or outcome of the case.
Obiter and limits
- The certificate to the statutory statement was not in the form prescribed by law, but this defect did not affect the case's outcome.
Court disposition
appeal dismissed
- The appeal is dismissed.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
COURT OF APPEAL FOR EASTERN AFRICA.
Before SIR JOSEPH SHERIDAN, C. J. (Kenya); DALTON, C. J. and HEARNE, J. (both of Tanganyika).
REX, Respondent (Original Prosecutor)
RAMAZANI SAJABI S/O ABDULLA, Appellant (Original Accused).
Cr. A. 144/1936.
Rape—Child of tender years—Corroboration by witness of 14 years.
Held (16-10-36).-That, the evidence of complainant, a child of tender years may be sufficiently corroborated by the evidence on oath of a boy of fourteen years to justify a conviction of rape.
Appellant, absent, unrepresented.
Branigan, Crown Counsel (Tanganyika), for Crown.
JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—The evidence of the complainant, a child of tender years in this case of rape, receives corroboration from the witness Mukama, a boy of 14 years, whose evidence was taken on oath. The appeal is dismissed. For the guidance of the learned magistrate, who held the preliminary inquiry, it is pointed out that the certificate to the statutory statement is not in the form prescribed by law. Nothing, however, turns on this defect in the Ojicumstances of the case.
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