Rex v Weraga (Criminal Appeal 147/1934.) [1935] EACA 63 (1 January 1935)
Court
East African Court of Appeal
Case number
Criminal Appeal 147/1934.
Judge
Horne J, Lane, Ag. J, Sheridan, P
The court held that when a plea of not guilty is entered, it must be treated as a general denial, and any inculpatory statement made at arraignment cannot be used to derogate the plea. The references by the trial judge to the appellant's admission were improper and should have been disregarded. On the evidence, the appellant was rightly found guilty of murder, as the defence of provocation raised was not sufficient in law to reduce the crime to manslaughter. The appeal was therefore dismissed.
Rex v Kunjanga (Criminal Appeal 27/1934.) [1935] EACA 64 (1 January 1935)
Court
East African Court of Appeal
Case number
Criminal Appeal 27/1934.
Judge
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ
The court held that an inculpatory statement made by an accused in answer to a charge cannot be used against him if a plea of not guilty is entered, as the plea constitutes a general denial and statements construed as the plea cannot also be used to derogate from it. Furthermore, the court found that the interrogation of the accused by the Magistrate regarding discrepancies between his unsworn statement and his statement at the preliminary inquiry was improper, as such questioning is only permissible to clarify something obscure or ambiguous, which was not the case here. Despite these irregul…