Uganda Case Law

Rex v Kunjanga

Rex v Kunjanga (Criminal Appeal 27/1934.) [1935] EACA 64 (1 January 1935)

Court

East African Court of Appeal

Case number

Criminal Appeal 27/1934.

Judge

Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The court held that an inculpatory statement made by an accused in answer to a charge cannot be used against him if a plea of not guilty is entered, as the plea constitutes a general denial and statements construed as the plea cannot also be used to derogate from it. Furthermore, the court found that the interrogation of the accused by the Magistrate regarding discrepancies between his unsworn statement and his statement at the preliminary inquiry was improper, as such questioning is only permissible to clarify something obscure or ambiguous, which was not the case here. Despite these irregul…

Source excerpt

• Murder
• Plea Of Not Guilty
• Unsworn Statement
• Use Of Inculpatory Statements
• Judicial Interrogation Of Accused