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Rex v Weraga (Criminal Appeal 147/1934.) [1935] EACA 63 (1 January 1935)
- Citation
- [1935] EACA 63
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Horne J, Lane, Ag. J, Sheridan, P
- Case number
- Criminal Appeal 147/1934.
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Horne J, Lane, Ag. J, Sheridan, P
- Case number
- Criminal Appeal 147/1934.
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that when a plea of not guilty is entered, it must be treated as a general denial, and any inculpatory statement made at arraignment cannot be used to derogate the plea. The references by the trial judge to the appellant's admission were improper and should have been disregarded. On the evidence, the appellant was rightly found guilty of murder, as the defence of provocation raised was not sufficient in law to reduce the crime to manslaughter. The appeal was therefore dismissed.
Court disposition
appeal_dismissed
Orders
- The appeal is dismissed.
02
Material facts
Parties
Rex
RespondentKyesongera s/o Weraga
Appellant03
Procedural history
Posture
Criminal Appeal / Appeal Dismissal
04
Questions and positions
Legal issues
- 01
Whether an inculpatory statement made at arraignment can be used against an accused when a plea of not guilty is entered.
- 02
Whether the defence of provocation was sufficient to reduce the charge from murder to manslaughter.
Party arguments
- Applicant
- The appellant argued that his admission to killing the deceased was made in anger and should be considered as provocation, potentially reducing the charge from murder to manslaughter. He contended that his statement at arraignment should not be used against him if a plea of not guilty was entered.
- Respondent
- The respondent maintained that the evidence supported a conviction for murder and that the defence of provocation was not sufficient in law to reduce the crime. The respondent relied on precedent to argue that a plea of not guilty constitutes a general denial, rendering any inculpatory statement at arraignment inadmissible for derogating the plea.
05
Court’s reasoning
Legal principles
- 01
Rex v. Pirmin bin Kunjanga, Cr. App. No. 27/1934
A plea of not guilty must be taken as a general denial, and any words construed as the plea cannot also be construed in derogation of the plea.
- 02
Common law principles of criminal responsibility
Provocation must be of such a nature as to reduce the crime from murder to manslaughter under the law.
06
Ratio, limits and disposition
Ratio decidendi
The court held that when a plea of not guilty is entered, it must be treated as a general denial, and any inculpatory statement made at arraignment cannot be used to derogate the plea. The references by the trial judge to the appellant's admission were improper and should have been disregarded. On the evidence, the appellant was rightly found guilty of murder, as the defence of provocation raised was not sufficient in law to reduce the crime to manslaughter. The appeal was therefore dismissed.
Obiter and limits
- References to admissions made at arraignment should not be used to undermine a plea of not guilty.
- The defence of provocation must meet a legal threshold to reduce a charge of murder to manslaughter.
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., P., HORNE, J., and LANE, Ag. J. (all of Kenya).
REX, Respondent (Original Prosecutor)
KYESONGERA s/o WERAGA, Appellant (Original Accused). Criminal Appeal 147/1934.
Criminal Law-Murder-Plea-Words admitting killing under provocation—Plea of Not Guilty entered.
The appellant was charged with murder. On being arraigned he said: "I killed him in anger"; whereupon a plea of Not Guilty was entered and the trial proceeded. Both in his summing up and in his judgment the Judge referred to the fact that the appellant had admitted that he killed the deceased but that he did so in anger.
Held (30-11-34).—Following Rex v. Pirmin bin Kunjanga Cr. App. No. 27/1934), that when a plea of "Not guilty" is entered it must be taken as a general denial, and the words which are construed as the plea cannot also be construed in derogation of the plea.
JUDGMENT.—Both in his summing-up and judgment the learned Judge referred to the accused having admitted that he killed the deceased, but that he did so in anger. These references should not have been made. In the case of $\text{Re} x$ v. Pirmin bin Kunjanga, Cr. App. No. 27/1934\* this Court made the following observations: "The Magistrate who tried this case opens his judgment with the observations that the accused admits both in his plea and statement that he killed the woman whom he was charged with murdering. The learned Judge who confirmed the finding of the Magistrate observes that the accused admitted in answer to the charge, having killed the deceased with a spear... We are unable to accept the proposition that an inculpatory statement in answer to a charge can be used against an accused person if a plea of not guilty is entered. A plea of not guilty must be taken as a general denial, and the words which are construed as the plea cannot also be construed in derogation of the plea". Disregarding these references, however, there is no doubt on the evidence that the appellant was rightly found guilty of murder. A defence of provocation was raised but it was not of such a nature that it could be regarded in law as sufficient to reduce the crime from murder to manslaughter. The appeal is dismissed.
> \*Reported at p. of this Volume.
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