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Uganda decisions
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Kacunguzi Frank v Uganda (HCT-05-CR-CN-044-2002 ) (HCT-05-CR-CN-044-2002) [2003] UGHC 97 (20 March 2003)
The High Court allowed a criminal appeal, holding that circumstantial evidence did not prove beyond reasonable doubt that the appellant stole the complainant's luggage.
Poppe and Another v Rex (Criminal Appeal No. 250 of 1949) [1951] EACA 134 (1 January 1951)
The Court held that under section 221 of the Kenya Criminal Procedure Code, an accused person who does not claim to be a European before the subordinate court relinquishes the right to be tried under the special provisions for Europeans. The wording and context of Part VII make clear that the right is not automatic but must be asserted by the accused. In the present case, the appellants did not make such a claim, and the magistrate properly proceeded with the ordinary trial procedure. The Supreme Court's interpretation was based on a misconception of section 218 and failed to consider the mod…
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Rex v Mohamed (Cr. App. 108/1933.) [1933] EACJ 7 (1 January 1933)
The Court of Appeal held that, in the absence of exceptional circumstances, it is a well-established rule of practice in East Africa that a conviction should not be sustained solely on the uncorroborated evidence of accomplices. The learned Magistrate, although warning himself of the dangers, convicted the appellant without material corroboration. The Supreme Court affirmed this conviction, but the relevant authorities requiring corroboration were not cited. The Court found that the established jurisprudence in East Africa, as reflected in prior decisions, mandates acquittal in such circumsta…
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