Uganda Case Law

Rex v Mdoka and Another (Cr. App. 150/1933.)

Rex v Mdoka and Another (Cr. App. 150/1933.) [1937] EACA 79 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr. App. 150/1933.

Judge

Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The court held that although evidence on oath given by the accused before the committing magistrate can generally be used against him at trial, the deposition in this case was improperly admitted because section 266 of the Tanganyika Criminal Procedure Code refers specifically to unsworn statements. The Legislature distinguishes between the methods of admitting sworn and unsworn statements, and the formalities for admitting sworn evidence were not satisfied. Nevertheless, the exclusion of this evidence did not affect the propriety of the conviction, as the remaining evidence established a pri…

Source excerpt

• Admissibility Of Evidence
• Statements By Accused
• Committal Proceedings
• Murder Trial