Uganda Case Law

Rex v Paulo

Rex v Paulo (Criminal Appeal No. 47 OF 1939) [1939] EACA 126 (1 January 1939)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 47 OF 1939

Judge

Dalton, C.J(Tanganyika), Francis, J (Uganda), Sheridan, (C.J. Kenya)

The Court of Appeal held that the proceedings were a nullity because additional evidence was recorded after the assessors had expressed their opinions and were discharged. The assessors are an essential part of the court, and their absence during any part of the trial invalidates the proceedings. The court relied on established case law, including Rex v. Obau s/o Amimi and Rex v. Assa Singh, which held that trials conducted without assessors or with assessors absent during any part of the hearing are nullities. The court further stated that whether or not the additional evidence prejudiced th…

Source excerpt

• Trial Nullity
• Absence Of Assessors
• Criminal Procedure Code Section 265
• Competent Jurisdiction
• Retrial Ordered