M'yeka v Rex
M'yeka v Rex (Criminal Appeal No. 28 of 1951) [1951] EACA 169 (1 January 1951)
The Court held that the correct date to be stated in a charge of homicide is the date on which the wrongful act was committed, as established in Rex v. Lujo. Although the information stated the date of death rather than the date of injury, the Court found that this error did not prejudice the appellant, given the circumstances and evidence. The defence of drunkenness was rejected, as the appellant's actions and statements demonstrated sufficient awareness and intent. The conviction for murder was upheld, and the appeal was dismissed.
Source excerpt
- Homicide Charge Date
- Drunkenness Defence
- Murder Conviction
- Criminal Information
- Procedural Error