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Rex v Omari (Con. C. 64/1931.) [1931] EACA 28 (1 January 1931)
- Citation
- [1931] EACA 28
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Barth CJ
- Case number
- Con. C. 64/1931.
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Barth CJ
- Case number
- Con. C. 64/1931.
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that section 27 of the Penal Code does not provide authority for substituting a sentence of imprisonment for corporal punishment. The sentence of twenty lashes was confirmed, and the alternative sentence of one year's hard labour was quashed as ultra vires.
Court disposition
Sentence of twenty lashes confirmed; sentence of one year's hard labour quashed.
Orders
- The sentence of twenty lashes is confirmed.
- The sentence of one year's hard labour in lieu of corporal punishment is quashed.
02
Material facts
Parties
Rex
ApplicantJuma bin Omari
Respondent03
Procedural history
Posture
Criminal Confirmation / Confirmation
04
Questions and positions
Legal issues
Whether a sentence of imprisonment can be imposed in lieu of corporal punishment under section 27 of the Penal Code.
Party arguments
- Applicant
- The lower court imposed a sentence of twenty lashes, with one year's hard labour in lieu if corporal punishment could not be carried out. The Attorney-General agreed that there is no authority for imposing imprisonment in default of corporal punishment.
- Respondent
- No substantive argument from the respondent is recorded in the judgment.
05
Court’s reasoning
Legal principles
- 01
Penal Code, section 27
There is no power to impose a sentence of imprisonment in lieu of corporal punishment under section 27 of the Penal Code.
06
Ratio, limits and disposition
Ratio decidendi
The court held that section 27 of the Penal Code does not provide authority for substituting a sentence of imprisonment for corporal punishment. The sentence of twenty lashes was confirmed, and the alternative sentence of one year's hard labour was quashed as ultra vires.
Court disposition
Sentence of twenty lashes confirmed; sentence of one year's hard labour quashed.
- The sentence of twenty lashes is confirmed.
- The sentence of one year's hard labour in lieu of corporal punishment is quashed.
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 SIR JACOB BARTH, C. J.
REX
$\boldsymbol{v}$ .
JUMA BIN OMARI.
Con. C. 64/1931.
The Penal Code, section 27—corporal punishment.
Held (25-2-31):—That there is no power to impose a sentence of imprisonment in lieu of corporal punishment.
The sentence imposed by the lower Court was: "Twenty lashes; in the event of there being any medical or other obstacles to the sentence being carried out, one year's hard labour in lieu."
The case was referred to the Attorney-General.
The Attorney-General agreed that there was no authority for imposing a sentence of imprisonment in default of a sentence of corporal punishment.
ORDER.—The sentence of twenty lashes is confirmed. There is no power to impose a sentence of imprisonment in lieu of corporal punishment. Therefore the sentence of one year's hard. labour is quashed.
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