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1 Jan 1952

Criminal Law [1952] EACA 235

Bukenya v Regina

Bukenya v Regina (Criminal Appeal No. 1 of 1952) [1952] EACA 235 (1 January 1952)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 1 of 1952
Judge: Edwards CJ, Nihill P, Worley VP

The Court held that while the High Court was legally empowered to substitute a conviction for receiving stolen property under section 188 (1) of the Criminal Procedure Code, the facts did not support such a conviction. The appellant, though present and acting as a transporter, did not acquire possession or control over the stolen property; the exclusive possession remained with the thieves. There was no evidence of guilty knowledge or joint possession, and mere control of the vehicle did not equate to possession of the stolen goods. Therefore, the conviction for receiving could not be sustain…

Source excerpt

Storebreaking
Receiving Stolen Property
Conviction Substitution
Mens Rea
Accessory After The Fact

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1 Jan 1947

Criminal Law [1947] EACA 72

Rex v Kimingi

Rex v Kimingi (Criminal Appeal No. 68 of 1947) [1947] EACA 72 (1 January 1947)

Court: East African Court of Appeal
Case number: Criminal Appeal No. 68 of 1947
Judge: De Lestang J, Nihill, C.J

The court found that the evidence did not support a conviction for storebreaking because the appellant provided a plausible and corroborated explanation for his possession of the stolen property, and he was not in exclusive possession. The court further held that it was not permissible to substitute a conviction for receiving stolen property on a charge of storebreaking, as receiving is not a minor offence to storebreaking under section 179(1) of the Criminal Procedure Code, and section 187 only applies to charges of stealing. The precedent in Rex v. Maganbhai Valabhai Patel and Haribhai Apab…