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Rex v Maina (Confirmation Case No. 692 of 1945) [1945] EACA 41 (1 January 1945)
- Citation
- [1945] EACA 41
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Horne J, Lucie-Smith, J. (Kenya)
- Case number
- Confirmation Case No. 692 of 1945
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Horne J, Lucie-Smith, J. (Kenya)
- Case number
- Confirmation Case No. 692 of 1945
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the two offences, receiving stolen property and possession of stolen stock, both arose from the same transaction involving the same three head of cattle. Therefore, the charges should have been framed in the alternative, not cumulatively. It is not proper to convict and impose consecutive sentences for two offences arising out of the same facts. Only the conviction and sentence on the first count (receiving stolen property) can stand. The conviction and sentence on the second count (possession of stolen stock) are quashed.
Court disposition
Conviction and sentence on first count affirmed; conviction and sentence on second count quashed.
Orders
- Conviction and sentence on first count (receiving stolen property) affirmed.
- Conviction and sentence on second count (possession of stolen stock) quashed and set aside.
- Accused to serve only 12 months I.H.L.
02
Material facts
Parties
Rex
Applicant Counsel: DennisonChépkwoin Arap Maina
RespondentAmounts and remedies
- Sentence Imprisonment Months: 12
03
Procedural history
Posture
Criminal Confirmation / Revision
04
Questions and positions
Legal issues
- 01
Whether it is proper to convict an accused on two charges arising out of the same transaction and impose consecutive sentences.
- 02
Whether charges arising from the same facts should be charged in the alternative.
Party arguments
- Applicant
- The Crown argued that the accused was properly convicted on both counts and sentenced consecutively for receiving stolen property and possession of stolen stock, as both offences were committed in respect of the same three head of cattle.
- Respondent
- No argument from the accused is recorded in the judgment.
05
Court’s reasoning
Legal principles
- 01
Section 315(1) Penal Code; Section 10(1) Stock and Produce (Levy of Fines) Ordinance, 1933
Charges arising out of the same facts should be charged in the alternative, not cumulatively.
- 02
Judicial precedent and statutory interpretation
It is improper to convict and impose consecutive sentences for two offences arising from the same transaction.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the two offences, receiving stolen property and possession of stolen stock, both arose from the same transaction involving the same three head of cattle. Therefore, the charges should have been framed in the alternative, not cumulatively. It is not proper to convict and impose consecutive sentences for two offences arising out of the same facts. Only the conviction and sentence on the first count (receiving stolen property) can stand. The conviction and sentence on the second count (possession of stolen stock) are quashed.
Obiter and limits
- Had the court not found a prima facie case under section 315(1) Penal Code, the Magistrate could have used section 10(1) of Ordinance 18 of 1933.
Court disposition
Conviction and sentence on first count affirmed; conviction and sentence on second count quashed.
- Conviction and sentence on first count (receiving stolen property) affirmed.
- Conviction and sentence on second count (possession of stolen stock) quashed and set aside.
- Accused to serve only 12 months I.H.L.
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
CRIMINAL CONFIRMATION
BEFORE LUCIE-SMITH AND HORNE, JJ.
REX. Prosecutor $\dot{v}$ . CHÉPKWOIN ARAP MAINA, Accuséd Confirmation Case No. 692 of 1945
Criminal law—Practice—Joinder of charges arising out of same facts—Sentence.
The accused was convicted of both receiving stolen property contra section 315 (1) Penal Code and possession of stolen stock contra section 10 (1) of the Stock and Produce (Levy of Fines) Ordinance, 1933, in respect of the same three head of cattle. He was sentenced to consecutive terms of one year I. H. L. on each count.
Held (30-8-45).—(1) The two offences should have been charged in the alternative.
(2) It is not proper to convict an accused on two charges arising out of the same transaction and impose consecutive sentences.
An order in revision was made setting aside the conviction on the second count.
Dennison. Crown Counsel, for the Crown.
ORDER.—In our opinion the charges herein should have been alternative and the accused has been improperly convicted on both. Had the court not found that there was a *prima facie* case *contra* section 315 (1) P. C. then the Magistrate could in his discretion have made use of section 10 (1) of Ordinance 18 of 1933.
In our opinion only the conviction and sentence on the first count can stand and this we affirm.
As regards the second count the conviction is quashed and sentence set aside. This means that the accused will serve only 12 months I. H. L.
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