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Uganda decisions
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Afumu and Another v Regina (Criminal Appeals Nos. 625 and 626 of 1953) [1953] EACA 50 (1 January 1953)
The court held that evidence taken in the absence of an accused, without dispensation of attendance, made the second appellant’s trial illegal.
Afumu and Another v Regina (Criminal Appeal No. 625 of 1953; Criminal Appeal No. 626 of 1953) [1953] EACA 1 (1 January 1953)
The court held that trying the second appellant in his absence was illegal, allowed his appeal, and reduced the first appellant’s sentence.
Crown v Kamuhu and Another (Confirmation Case No. 151 of .1943) [1943] EACA 72 (1 January 1943)
The court held that a magistrate has discretion to allow withdrawal of a guilty plea before sentence, and set aside proceedings for misdirection.
Rex v Dad (Cr. Rev. Case No. 35/1936) [1936] EACA 134 (1 January 1936)
The court held that a magistrate in committal proceedings is entitled to weigh the evidence and is not bound to commit for trial solely because there is evidence which, if believed, would support a conviction. The guiding principle is that if the magistrate is of the opinion that the effect of the evidence is such that it ought not reasonably to satisfy the trial court of the accused's guilt, he should dismiss the charge. In this case, the magistrate found the evidence insufficient to establish culpable negligence and refused to commit the accused for trial. The High Court found no reason to…
Source excerpt
Rex v Haq (Cr. App. 40/1931.) [1931] EACA 26 (1 January 1931)
The Court of Appeal quashed a conviction over a taxi driver’s wage claim, holding the magistrate should have used section 44 to refer the dispute to civil proceedings.
