Rex v Francesco (Criminal Appeal No. 214 of 1945) [1945] EACA 31 (1 January 1945)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 214 of 1945
Judge
Gray CJ, Sheridan CJ, Whitley CJ
The Court of Appeal for Eastern Africa upheld a murder conviction, holding that a 12-month-old grievance was not legal provocation and that intent to cause grievous harm could amount to malice aforethought.
Rex v Kinei (Cr.A. Nos. 137 and 138 of 1936 (consolidated).) [1936] EACA 124 (1 January 1936)
Court
East African Court of Appeal
Case number
Cr.A. Nos. 137 and 138 of 1936 (consolidated).
Judge
Hearne, J (Tanganyika), Sheridan CJ
The Court held that rape convictions should not rest on uncorroborated complainant evidence without a proper warning to the assessors; the appeals were allowed.
Rex v Hulatt (Cr. App. .142/1932.) [1932] EACA 26 (1 January 1932)
Court
East African Court of Appeal
Case number
Cr. App. .142/1932.
Judges
Barth, C.J (Kenya), Law, Ag C.J. (Uganda), Sheridan, C.J. (Tanganyika)
The Court of Appeal for Eastern Africa held that section 245(2)(e) of the Penal Code must be strictly construed and does not create a rebuttable presumption.
Rex v Ross (Cr. App. 205/1932.) [1932] EACA 23 (1 January 1932)
Court
East African Court of Appeal
Case number
Cr. App. 205/1932.
Judge
Law, Ag C.J. (Uganda), Sheridan, C.J. (Tanganyika), Thomas, J. (Kenya)
The Court held that the law in Kenya regarding the insanity defence is the same as in England under the McNaughton Rules. The presumption of sanity stands unless the accused proves legal insanity at the time of the act. The trial judge correctly directed the jury that the burden of proof for insanity rests on the accused, who must satisfy the jury beyond reasonable doubt. The judge adequately reviewed the medical and factual evidence, and exclusion of scientific journal reports and certain evidence was proper. The jury was entitled to accept the accused's own account of the events, which did…