Rex v Mubeyo (Cr. Revision Case No. 90/35.)
Rex v Mubeyo (Cr. Revision Case No. 90/35.) [1935] EACA 135 (1 January 1935)
The court found that the accused's admission to lighting the fire did not amount to a plea of guilty to wilfully and unlawfully setting fire to grass under section 306(2) of the Penal Code, as the statement lacked evidence of malicious intent. The presumption of intent does not extend to accidental acts, and the relevant legal provisions require proof of wilful and malicious intent to injure property. The magistrate erred in treating the accused's statement as an unequivocal plea of guilty. Furthermore, the court held that the seizure and sale of sixteen head of cattle to satisfy compensation…
Source excerpt
- Malicious Injury To Property
- Mens Rea
- Wilful And Unlawful Act
- Compensation Orders
- Distress And Levy
- Interpretation Of Penal Code