Rex v Jezelani (Criminal Appeal No. 84 of 1947) [1947] EACA 23 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 84 of 1947
Judge
Edwards CJ, Graham Paul CJ, Pearson J
The Court of Appeal upheld a murder conviction, holding that prior knowledge of the wife’s infidelity meant there was no sudden provocation. The assessors’ omission was not fatal.
Rex v Ocaya (Criminal Appeal No 24 of 1947) [1947] EACA 16 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeal No 24 of 1947
Judge
Graham Paul CJ, Sheridan CJ, Thacker J
The Court found that the combination of a painful blow from the deceased and strong verbal abuse created a reasonable doubt as to whether the accused was deprived of self-control at the time of the fatal act. The evidence, as accepted by the trial judge, indicated that the accused was struck with a heavy stick and insulted immediately prior to the fatal blow. The Court held that, judged by the standard of the accused's class and as a sober man, there was sufficient doubt regarding his intent to commit murder. Consequently, the conviction for murder was unsafe, and the offence was reduced to m…
Rex v Obita (Criminal Appeal No. 36 of 1943) [1943] EACA 26 (1 January 1943)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 36 of 1943
Judge
Sheridan CJ, Whitley CJ, Wilson ACJ
The Court of Appeal held the appellant was entitled to the benefit of the doubt on provocation, quashed a murder conviction, and substituted manslaughter.
Rex v Lutakuwa (Criminal Appeal No. 13 of 1943) [1943] EACA 23 (1 January 1943)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 13 of 1943
Judge
Sheridan CJ, Whitley CJ, Wilson ACJ
The Court of Appeal for Eastern Africa held that a murder conviction should be reduced to manslaughter because the evidence raised reasonable doubt on provocation.
Rex v Nurbhai (Criminal Appeal No. 201 OF 1938) [1939] EACA 110 (1 January 1939)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 201 OF 1938
Judge
Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ
Second appeal against a conviction for receiving stolen timber was allowed because the magistrate relied on uncorroborated accomplice evidence and the proof of guilty knowledge was unsafe.