The Queen v Jessop and Another (Criminal Appeal No. 127 of 1956) [1956] EACA 31 (1 January 1956)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 127 of 1956
Judge
O'Connor CJ, Rudd J
The court held that the magistrate’s refusal to try the charges and order a preliminary inquiry was not a “hearing and determination” under section 367.
The Queen v Economides (Criminal Appeal No. 108 of 1956) [1956] EACA 32 (1 January 1956)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 108 of 1956
Judge
O'Connor CJ, Rudd J
The court held that while the magistrate's initial failure to provide reasons for dismissing the charge was an error, this was remedied when the magistrate subsequently furnished reasons upon the court's direction. The court emphasized that a magistrate must not substitute a view of the locus in quo for evidence and must ensure that any adverse findings arising from such a view are put to the relevant witness for response. However, given the conflicting prosecution evidence and the magistrate's doubt at the close of the Crown case, the court could not conclude that the magistrate was wrong in…
Johnston v Rex (Criminal Appeal No. 165 of 1951) [1951] EACA 278 (1 January 1951)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 165 of 1951
Judge
Lockhart-Smith, Ag. VP, Miles, Ag. J. (Tanganyika), Worley, P
The Court held that no appeal lay from a High Court decision on a case stated under the Criminal Procedure Code, except for genuine jurisdictional objections.
Patel and Another v Reginam (Criminal Appeal No. 44 of 1956) [1950] EACA 536 (1 January 1950)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 44 of 1956
Judge
Briggs, JA, Forbes J, Worley, P
The Court of Appeal held that a conspiracy to defeat justice was proved as laid and upheld a mandatory order to convict, while addressing corroboration and jury-summoning irregularities.
Honourable the Attorney General v Hill and Nakuru Press Limited (Criminal Appeal (Case Stated) No. 16 of 1948) [1948] EACA 58 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeal (Case Stated) No. 16 of 1948
Judge
Bourke J, Coffey AgJ
The court held that where a Magistrate has refused to commit an accused for trial, it is highly doubtful that the procedure by way of case stated is available to the prosecutor. The Magistrate failed to comply with the statutory requirements for a proper case stated, as no legal question was set out and the case was incomplete. The court, guided by English authorities such as Foss v. Best and Reg. v. London (County) Justices, found that the statutory language and principles underlying criminal procedure do not support the availability of case stated after an acquittal or discharge at the comm…
Hon. The Attorney General v Bashir and Another (Criminal Appeal No. 529 of 1948 (Case Stated)) [1948] EACA 87 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 529 of 1948 (Case Stated)
Judge
Bourke J, Modera J
The court held a stated case was defective because it did not properly set out the legal question or the prosecution evidence needed to test a no-case-to-answer ruling.
Attorney General v Mwakalinga (Criminal Appeal No. 157 of 1946) [1946] EACA 43 (1 January 1946)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 157 of 1946
Judge
Bartley J, Sheridan CJ, Whitley CJ
The Court of Appeal dismissed a criminal appeal because the appellant tried to raise a new question of law that had not been submitted to the High Court.
Simpson v District Council of Nakuru (Cr. App. No. 39/1938) [1938] EACA 54 (1 January 1938)
Court
East African Court of Appeal
Case number
Cr. App. No. 39/1938
Judge
Gamble, J. (Uganda), Sheridan, (C.J. Kenya), Whitley CJ
The Court of Appeal for Eastern Africa held that no appeal lay from a conviction entered by a magistrate on the Supreme Court’s direction after a case stated.