Philip v Rex (Criminal Appeal No. 274 of 1951) [1952] EACA 231 (1 January 1952)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 274 of 1951
Judge
Ainley J, Nihill P, Worley VP
The Court of Appeal upheld a conviction for a rash and negligent act, holding that criminal negligence under section 220 was more than civil negligence but less than manslaughter.
Rex v Dad (Cr. Rev. Case No. 35/1936) [1936] EACA 134 (1 January 1936)
Court
East African Court of Appeal
Case number
Cr. Rev. Case No. 35/1936
Judge
Sheridan CJ, Webb, J
The court held that a magistrate in committal proceedings is entitled to weigh the evidence and is not bound to commit for trial solely because there is evidence which, if believed, would support a conviction. The guiding principle is that if the magistrate is of the opinion that the effect of the evidence is such that it ought not reasonably to satisfy the trial court of the accused's guilt, he should dismiss the charge. In this case, the magistrate found the evidence insufficient to establish culpable negligence and refused to commit the accused for trial. The High Court found no reason to…