The Queen v Jessop and Another (Criminal Appeal No. 127 of 1956) [1956] EACA 31 (1 January 1956)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 127 of 1956
Judge
O'Connor CJ, Rudd J
The court held that the magistrate’s refusal to try the charges and order a preliminary inquiry was not a “hearing and determination” under section 367.
Nyamu v Queen (Criminal Appeal No. 293 of 1956) [1956] EACA 40 (1 January 1956)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 293 of 1956
Judge
Murphy J, O'Connor CJ
The conviction was quashed because the charge failed to aver and the record failed to establish two essential ingredients of the offence: that the area was a closed district and that the accused was a person who required a licence to remain there. The plea entered by the accused did not amount to an unequivocal plea of guilty to every element of the offence, as required by law. The absence of evidence or particulars regarding the closed district status of the area and the accused's licensing requirement rendered the conviction unsafe. The appellate court held that these deficiencies were fata…
Rex v Merali (Criminal Appeal No. 109 of 1945) [1945] EACA 49 (1 January 1945)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 109 of 1945
Judge
Horne J, Lucie-Smith Ag CJ (Kenya)
The East African Court of Appeal dismissed a criminal appeal, holding that a summary-trial judgment challenge required affidavits showing substantial omitted evidence.