Okiring v Uganda (High Court Criminal Appeal No.6 of 1995) [1996] UGHCCRD 5 (9 January 1996)
Court
HC: Criminal Division (Uganda)
Case number
High Court Criminal Appeal No.6 of 1995
Judge
Engwau, J
The High Court reduced a one-year sentence for giving false information to a public servant to three months, citing mitigating factors and the trial court’s failure to give reasons.
Rex v Mithibuto (Criminal Confirmation Case No. 779/1934.) [1934] EACA 12 (1 January 1934)
Court
East African Court of Appeal
Case number
Criminal Confirmation Case No. 779/1934.
Judge
Gamble. Ag. J. (Kenya), Webb, J
The court held that section 296 of the Penal Code, being a drastic provision that shifts the burden of proof to the accused and does not require proof that the property was actually stolen, must be strictly construed. The section applies only where possession is ejusdem generis with conveying, meaning the accused must be found carrying or transporting the object, not merely having it in any place or circumstance. In this case, there was no evidence that the accused was conveying the revolver or that his possession was of the required kind. The magistrate convicted the accused without hearing…