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Rex v Mairongo (Criminal Appeal No. 244 of 1948) [1948] EACA 72 (1 January 1948)
- Citation
- [1948] EACA 72
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- De Lestang J, Nihill P
- Case number
- Criminal Appeal No. 244 of 1948
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- De Lestang J, Nihill P
- Case number
- Criminal Appeal No. 244 of 1948
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that section 209(1) of the Criminal Procedure Code cannot be invoked until the close of the evidence in support of the charge. The Magistrate's decision to allow the accused to make a statement before the prosecution had closed its case was improper, as the statutory procedure requires the court to first determine whether a prima facie case has been established. In this instance, the appellant's unsworn statement amounted to an unequivocal admission of guilt, which justified conviction, but the process adopted was potentially dangerous and contrary to the proper application of the law. The appeal was dismissed as the admission of guilt was clear and the memorandum of appeal was deemed frivolous.
Court disposition
appeal dismissed
Orders
- The appeal is dismissed.
02
Material facts
Parties
Rex
Respondent Counsel: Todd, Crown CounselMwangi s/o Mairongo
Appellant03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether section 209(1) of the Criminal Procedure Code can be invoked before the close of prosecution evidence.
- 02
Whether the Magistrate's procedure in allowing the accused to make a statement before the close of prosecution case was lawful.
Party arguments
- Applicant
- The appellant was absent and unrepresented; no substantive argument was advanced on his behalf.
- Respondent
- The Crown argued that the appellant had unequivocally admitted guilt before the Magistrate and that the appeal was frivolous and impudent.
05
Court’s reasoning
Legal principles
- 01
Section 209(1), Criminal Procedure Code
Section 209(1) of the Criminal Procedure Code only applies after the close of prosecution evidence and if a case has been made out against the accused.
06
Ratio, limits and disposition
Ratio decidendi
The court held that section 209(1) of the Criminal Procedure Code cannot be invoked until the close of the evidence in support of the charge. The Magistrate's decision to allow the accused to make a statement before the prosecution had closed its case was improper, as the statutory procedure requires the court to first determine whether a prima facie case has been established. In this instance, the appellant's unsworn statement amounted to an unequivocal admission of guilt, which justified conviction, but the process adopted was potentially dangerous and contrary to the proper application of the law. The appeal was dismissed as the admission of guilt was clear and the memorandum of appeal was deemed frivolous.
Obiter and limits
- Had the appellant protested his innocence instead of admitting guilt, there would have been no evidence on record to justify conviction.
- The Magistrate's attempt to be fair to the appellant was misguided and did not accord with the statutory provisions.
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
APPELLATE CRIMINAL
Before SIR BARCLAY NIHILL, C. J. and DE LESTANG, J.
REX, Respondent (Original Prosecutor)
MWANGI s/o MAIRONGO, Appellant (Original Accused) Criminal Appeal No. 244 of 1948
- Criminal Law—Procedure—Plea of "not guilty"—Accused requesting to make statement before case for prosecution closed—Application of section 209. Criminal Procedure Code. - Held (1-7-48).—That when an accused person pleads "not guilty" to a charge, until the close of the evidence in support thereof, section 209 (1) of the Criminal Procedure Code cannot be brought into operation.
Appeal dismissed.
Appellant absent, unrepresented. Todd, Crown Counsel, for the Crown.
JUDGMENT.—In view of the appellant's definite admission before the learned Magistrate that he had stolen the articles set out in the charge, we regard his Memorandum of Appeal as both frivolous and impudent, and were the appellant before us to-day we might well have asked him to show cause why his sentence should not be increased.
One point does arise, however, from the record before us, to which reference must be made. It appears that at the conclusion of the complainant's evidence and before any other evidence had been called the appellant intimated to the Magistrate that he wished to make a statement. The Magistrate then, according to his record, explained the provisions of section 209 to him. The appellant then made an unsworn statement which amounted to an unequivocal plea of guilty, whereupon the Magistrate convicted. We have no doubt the learned Magistrate, in adopting the course he took, wished to be fair to the appellant, but in our opinion it was a most dangerous step to take and one which did not really accord with the provisions of the section. For had the appellant, instead of admitting his guilt, protested his innocence, there would have been no evidence on the record which could have justified the conviction. Section 209 (1) of the Criminal Procedure Code cannot be brought into operation until the close of the evidence in support of the charge. Then only if it appears to the Court that a case has been made out against the person accused sufficiently to require him to make a defence.
The appeal is dismissed.
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