Rex v Kipalata
Rex v Kipalata (Criminal Appeal No. 195 of 1946) [1946] EACA 44 (1 January 1946)
The court held that although the information for murder was irregularly filed because the depositions at committal did not disclose the offence of murder, this irregularity was not fatal to the conviction. The appellant was given timely notice of the additional evidence and the substance of the new witnesses' testimony. The defence was not prejudiced, as the cause of death was not disputed and the appellant's only argument was for a reduction to manslaughter based on extenuating circumstances. The trial judge carefully considered all possible defences and found none sufficient to reduce the c…
Source excerpt
- Murder
- Committal Proceedings
- Irregularity In Information
- Failure Of Justice
- Admissibility Of Evidence