Uganda Case Law

Rex v Merali (Confirmation Case No. 605 of 1947)

Rex v Merali (Confirmation Case No. 605 of 1947) [1947] EACA 60 (1 January 1947)

Court

East African Court of Appeal

Case number

Confirmation Case No. 605 of 1947

Judges

Coffey AgJ, Nihill, C.J

The court held that section 52(1) of the Game Ordinance, 1937, being later in time and specific to the offence of unlawful possession of rhinoceros horn, overrides the general sentencing discretion provided by section 27(3) of the Penal Code. Therefore, the Magistrate's sentence of a fine only was incomplete and contrary to the mandatory requirements of the Game Ordinance, which stipulates that a term of imprisonment must be imposed for such offences. The conviction and fine were affirmed, but the court added a sentence of one day's imprisonment to comply with the statutory mandate.

Source excerpt

• Game Ordinance Offences
• Statutory Penalties
• Sentencing Guidelines
• Unlawful Possession
• Rhinoceros Horn
• Statute Precedence

Ezekiel and Another v Rex

Ezekiel and Another v Rex (Criminal Appeals Nos. 167 and 168 of 1947) [1947] EACA 80 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 167 and 168 of 1947

Judge

De Lestang J, Nihill, C.J

The appeal against convictions for unlawful possession of rhinoceros horns was allowed because the appellants were not shown to have possession, and no underlying offence was committed.

• Unlawful Possession
• Aiding And Abetting
• Game Ordinance Offences
• Criminal-appeal
• Unlawful-possession
• Aiding-and-abetting