Uganda Case Law

Kimani v Reginam

Kimani v Reginam (Criminal Appeal No. 456 of 1953) [1955] EACA 317 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 456 of 1953

Judge

Briggs, JA, Nihill P, Worley VP

The court held that, following the principle in R. v. Thomson and applying section 23 of the Penal Code, the appellant was in joint possession of the pistol. The facts established that the appellant was acting in concert with the man who fired the pistol, for the common purpose of Mau Mau terrorism. The appellant admitted knowing his confederate was armed, and the circumstances supported the inference that the pistol was carried to further their unlawful purpose. Therefore, possession by one was possession by all, and the appellant's conviction for unlawful possession of a firearm was legally…

Source excerpt

• Joint Possession
• Unlawful Firearm Possession
• Common Intention
• Mau Mau Terrorism
• Penal Code Section 23

Kimari and Others v Reginam

Kimari and Others v Reginam (Criminal Appeals Nos. 216, 217, 218, 219, 220 and 221. of 1955) [1955] EACA 345 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 216, 217, 218, 219, 220 and 221. of 1955

Judge

Bourke J, Nihill P, Worley VP

The court held that the police officer's evidence regarding the home-made gun was properly admitted as expert evidence, as he demonstrated sufficient practical experience with such weapons. The trial judge was entitled to rely on his opinion that the gun was a lethal firearm. On the issue of joint possession, the court found that the evidence supported the conclusion that the appellants were acting together as a gang of terrorists and that at least some of them had knowledge of the firearm and ammunition. However, the court determined that mere presence in a confined space was insufficient to…

Source excerpt

• Unlawful Possession Of Firearms
• Unlawful Possession Of Ammunition
• Expert Evidence
• Joint Possession
• Judicial Notice
• Standard Of Proof

Patel v Reginam

Patel v Reginam (Criminal Appeal No. 917 of 1954) [1955] EACA 332 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 917 of 1954

Judge

Briggs, JA, Sir Enoch Jenkins, JA, Worley VP

The Court of Appeal held that the appellant’s conduct in handling stolen spares and concealing the criminal operation justified an inference of joint possession and receiving.

• Receiving Stolen Property
• Joint Possession
• Master Servant Liability
• Presumptions Of Fact
• Criminal Participation
• Receiving-stolen-property

Rex v Kiarie

Rex v Kiarie (Criminal Appeal No. 235 of 1947) [1947] EACA 66 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 235 of 1947

Judge

De Lestang J, Nihill, C.J

The court quashed a theft conviction, holding there was insufficient evidence of joint possession or receiving stolen property from the taxi-cab.

• Theft
• Receiving Stolen Property
• Joint Possession
• Burden Of Proof
• Criminal Procedure
• Acquittal