The Supreme Court held that the Court of Appeal imposed an illegal sentence for murder by failing to account for remand time, then resentenced both appellants.
Rex v Luguma (Criminal Appeal No. 298 of 1947) [1948] EACA 13 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 298 of 1947
Judge
Bourke J, Edwards CJ, Graham Paul CJ
The conviction for murder was based on a statement of Muha custom provided by assessors after the defence had closed, depriving the accused of the opportunity to challenge or controvert the evidence. The court held that if a conviction depends on local custom, it must be proved in evidence for the prosecution, allowing cross-examination and rebuttal. The learned judge was improperly influenced by the assessors' statement, and absent that influence, would have convicted of manslaughter. Accordingly, the murder conviction was quashed and replaced with manslaughter.
Rex v Ekolit, Ochole, Wakotum and Achoket (Criminal Appeals Nos. 304, 305, 306 and 307 of 1947) [1948] EACA 18 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 304, 305, 306 and 307 of 1947
Judge
Bourke J, Graham Paul CJ, Nihill P
The East African Court of Appeal upheld murder convictions arising from a joint fatal beating, and stated the better practice on joint accused evidence order.
Ruadiba v Rex (Cr. App. No. 44/1938) [1938] EACA 52 (1 January 1938)
Court
East African Court of Appeal
Case number
Cr. App. No. 44/1938
Judge
Gamble, J. (Uganda), Johnston, Ag. J. (Uganda), Whitley CJ
The East African Court of Appeal held that a prosecution witness’s prior deposition could not be used to discredit her without following section 155 of the Indian Evidence Act.