Uganda Case Law

Rex v Gitebi and Others

Rex v Gitebi and Others (Criminal-Appeals Nos. 178, 179, 180 and 181 of 1948, Consolidated) [1949] EACA 25 (1 January 1949)

Court

East African Court of Appeal

Case number

Criminal-Appeals Nos. 178, 179, 180 and 181 of 1948, Consolidated

Judge

Bartley J, Bourke J, Edwards CJ, Graham Paul CJ

The Court held that the correct approach to construing section 197(2)(a) of the Criminal Procedure Code is to consider only the maximum imprisonment and fine prescribed for the offence, ignoring any further statutory consequences such as forfeiture. The statutory forfeiture of huts and crops under section 12(2) of the Native Authority Ordinance, 1937, is not part of the sentence but an automatic consequence of conviction, and the magistrate's jurisdiction is limited to directing the disposal of government property post-conviction. Therefore, offences under section 12(2) are triable as minor o…

Source excerpt

• Minor Offence Procedure
• Statutory Forfeiture
• Jurisdiction Of Magistrates
• Appeal Rights
• Construction Of Penal Statutes

Rex v Wanganga

Rex v Wanganga (Criminal Appeal No. 165 of 1945) [1945] EACA 46 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 165 of 1945

Judge

Horne J, Lucie-Smith, J. (Kenya)

The court held that unlawful possession under section 317A(1) could not be substituted for theft under section 179(2) without a fresh charge and proper opportunity to answer.

• Theft
• Unlawful Possession
• Burden Of Proof
• Minor Offence Procedure
• Criminal-law
• Unlawful-possession