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Uganda Case Law

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Criminal Law [1955] EACA 252

Searle v Queen

Searle v Queen (Criminal Appeal No. 480 of 1954) [1955] EACA 252 (1 January 1955)

The court held that no appeal lay against conviction after an unequivocal guilty plea, but reduced a perjury sentence as manifestly excessive.

  • Perjury
  • Guilty Plea
  • Withdrawal Of Plea
  • Appellate Jurisdiction
  • Sentencing Principles
  • Guilty-plea
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Criminal Law [1950] EACA 81

Singh v Rex

Singh v Rex (Criminal Appeal No. 271 of 1950) [1950] EACA 81 (1 January 1950)

The court held that the appellant's statement in the affidavit, while intended to give the impression of continuous presence in Kenya, did not explicitly state so and was not incompatible with the admitted absences. There was no evidence that the appellant was not working with his father during his trips to India, and the prosecution failed to prove that the statement was impossible rather than merely incredible. The law requires that perjury be established by proof that the statement could not possibly be true, not simply that it is misleading or ambiguous. The conviction was therefore unsus…

  • Perjury
  • False Testimony
  • Elements Of Offence
  • Burden Of Proof
  • Affidavit Evidence
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Criminal Law [1948] EACA 81

Rex v Rono

Rex v Rono (Criminal Appeal No. 431 of 1948) [1948] EACA 81 (1 January 1948)

The appeal against a perjury conviction succeeded because the statement relied on was a joint statement, and the trial court improperly called a witness after the defence closed.

  • Perjury
  • Joint Statements
  • Calling Witnesses
  • Trial Irregularities
  • Criminal-appeal
  • Trial-irregularity
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Criminal Law [1948] EACA 84

Rex v Huba and Another

Rex v Huba and Another (Criminal Appeals Nos. 379 and 380 of 1948 Consolidated) [1948] EACA 84 (1 January 1948)

The court upheld convictions for giving false evidence before a Native Tribunal, holding materiality was not required under section 29, and set aside compensation awarded to the complainant.

  • False Evidence
  • Native Tribunals
  • Perjury Distinction
  • Compensation Award
  • Materiality Of Evidence
  • False-evidence
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Criminal Law [1947] EACA 76

Rex v Singh

Rex v Singh (Criminal Appeal No. 481 of 1946) [1947] EACA 76 (1 January 1947)

The conviction for perjury was set aside because the record of the appellant's evidence in the civil suit, which formed the basis of the perjury charge, was not recorded in accordance with Order XVI, rule 6, of the Civil Procedure Rules. The rule requires that when evidence is taken down in a language different from that in which it is given, and the witness does not understand the language in which it is taken down, the evidence must be interpreted back to the witness. There was no waiver of this requirement, and the interpreter's testimony, which relied on the inadmissible record, could not…

  • Perjury
  • Admissibility Of Evidence
  • Interpreted Testimony
  • Procedural Compliance
  • Waiver Of Procedural Rules
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Criminal Law [1945] EACA 12

Rex v Mitha

Rex v Mitha (Criminal Appeal No. 221 of 1944) [1945] EACA 12 (1 January 1945)

The Court of Appeal for Eastern Africa dismissed a second criminal appeal, upholding a perjury conviction and holding that the false statement was material.

  • Perjury
  • Materiality Of Evidence
  • Proof Of False Statement
  • Judicial Discretion
  • Evidence Record
  • Hire Purchase Dispute
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Criminal Law [1943] EACA 39

Rex v Atkinson

Rex v Atkinson (Criminal Appeal No. 180 of 1943) [1943] EACA 39 (1 January 1943)

Perjury appeal dismissed: one witness plus corroborating evidence was enough under section 107, and the trial judge’s use of the civil record did not justify reversal.

  • Perjury
  • Evidentiary Requirements
  • Corroboration
  • Admissibility Of Documents
  • Evidence-admissibility
  • Criminal-appeal
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Criminal Law [1935] EACA 139

Rex v Nunes (Cr. App. No. 16/35.)

Rex v Nunes (Cr. App. No. 16/35.) [1935] EACA 139 (1 January 1935)

The Court of Appeal quashed two perjury convictions, holding the charges lacked particularity, the alleged falsity was not proved, and a private prosecutor could not appear on appeal.

  • Perjury
  • Private Prosecution
  • Particularity Of Charge
  • Right Of Appearance On Appeal
  • Private-prosecution
  • Criminal-appeals
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Criminal Law [1931] EACA 23

Rex v Rawebhai (Cr. App. 26/1931.)

Rex v Rawebhai (Cr. App. 26/1931.) [1931] EACA 23 (1 January 1931)

The East African Court of Appeal reversed a perjury conviction, holding the affidavit related to judicial proceedings and should not have been prosecuted under section 101.

  • Perjury
  • False Swearing
  • Judicial Proceedings
  • Procedure On Closing Case
  • Evidence Requirements
  • False-swearing
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