Uganda Case Law

Uganda v Ssekajja and Another

Uganda v Ssekajja and Another (Criminal Appeal 112 of 2016) [2022] UGHCCRD 138 (26 March 2022)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal 112 of 2016

Judge

Elubu, J

The court found that while the respondents were physically in possession of the box containing protected species, the prosecution failed to prove exclusive control or ownership beyond reasonable doubt. The evidence indicated that the respondents were acting as transporters for a third party who fled the scene. The legal definitions of possession require both physical detention and the intention to exercise exclusive authority. Since the prosecution did not establish that the respondents had such authority or intention, the essential element of possession was not proved. Any doubt must be reso…

Source excerpt

• Unlawful Possession
• Protected Species
• Strict Liability Offences
• Burden Of Proof

Rex v Merali (Confirmation Case No. 605 of 1947)

Rex v Merali (Confirmation Case No. 605 of 1947) [1947] EACA 60 (1 January 1947)

Court

East African Court of Appeal

Case number

Confirmation Case No. 605 of 1947

Judges

Coffey AgJ, Nihill, C.J

The court held that section 52(1) of the Game Ordinance, 1937, being later in time and specific to the offence of unlawful possession of rhinoceros horn, overrides the general sentencing discretion provided by section 27(3) of the Penal Code. Therefore, the Magistrate's sentence of a fine only was incomplete and contrary to the mandatory requirements of the Game Ordinance, which stipulates that a term of imprisonment must be imposed for such offences. The conviction and fine were affirmed, but the court added a sentence of one day's imprisonment to comply with the statutory mandate.

Source excerpt

• Game Ordinance Offences
• Statutory Penalties
• Sentencing Guidelines
• Unlawful Possession
• Rhinoceros Horn
• Statute Precedence

Ezekiel and Another v Rex

Ezekiel and Another v Rex (Criminal Appeals Nos. 167 and 168 of 1947) [1947] EACA 80 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 167 and 168 of 1947

Judge

De Lestang J, Nihill, C.J

The appeal against convictions for unlawful possession of rhinoceros horns was allowed because the appellants were not shown to have possession, and no underlying offence was committed.

• Unlawful Possession
• Aiding And Abetting
• Game Ordinance Offences
• Criminal-appeal
• Unlawful-possession
• Aiding-and-abetting

Rex v Mehta

Rex v Mehta (Criminal Appeal No. 142 of 1945) [1946] EACA 18 (1 January 1946)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 142 of 1945

Judge

Gray CJ, Sheridan CJ, Whitley CJ

The court upheld a conviction for unlawful possession of diamonds, holding that discovery of diamonds raised a prima facie case and the accused had not rebutted it.

• Unlawful Possession
• Burden Of Proof
• Mens Rea
• Statutory Offences
• Sentencing Guidelines
• Criminal-law

Rex v Wanganga

Rex v Wanganga (Criminal Appeal No. 165 of 1945) [1945] EACA 46 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 165 of 1945

Judge

Horne J, Lucie-Smith, J. (Kenya)

The court held that unlawful possession under section 317A(1) could not be substituted for theft under section 179(2) without a fresh charge and proper opportunity to answer.

• Theft
• Unlawful Possession
• Burden Of Proof
• Minor Offence Procedure
• Criminal-law
• Unlawful-possession

Rex v Din

Rex v Din (Criminal Appeal No. 61 of 1945) [1945] EACA 22 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 61 of 1945

Judge

Gray CJ, Manning J, Sheridan CJ

Appeal in a diamond-possession prosecution dismissed on conviction and sentence, but the order withholding cash bail was set aside as unlawful.

• Unlawful Possession
• Burden Of Proof
• Sentencing Principles
• Bail Procedure
• Criminal-law
• Burden-of-proof

Rex v Ali

Rex v Ali (Criminal Appeal No. 253 of 1945.) [1945] EACA 39 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 253 of 1945.

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

On second appeal, the East African Court of Appeal held it could not disturb concurrent findings of fact about unlawful possession of a military engine.

• Unlawful Possession
• Military Stores
• Burden Of Proof
• Appellate Jurisdiction
• Criminal-appeal
• Appellate-jurisdiction

Rex v Njuguna

Rex v Njuguna (Criminal Appeal No. 146 of 1946) [1945] EACA 47 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 146 of 1946

Judge

Horne J

The East African Court of Appeal quashed convictions of a hired driver for suspected stolen military tyres, holding he was not in possession or conveying them.

• Unlawful Possession
• Burden Of Proof
• Military Property
• Servant Liability
• Criminal-law
• Burden-of-proof

Rex v Kara

Rex v Kara (Criminal Appeal No. 129 of 1944) [1944] EACA 4 (1 January 1944)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 129 of 1944

Judge

Horne J, Sheridan CJ

The court held that “on any pretence whatsoever” in the Defence Regulations is very broad and does not require deceit. Unauthorized possession was enough.

• Unlawful Possession
• Military Property
• Statutory Interpretation
• Defence Regulations
• Statutory-interpretation
• Unlawful-possession

Panju v Rex

Panju v Rex (Criminal Appeal No. 55 of 1943) [1943] EACA 29 (1 January 1943)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 55 of 1943

Judge

Gray CJ, Sheridan CJ, Whitley CJ

The Court of Appeal for Eastern Africa held that in an offence of unlawful possession of raw gold, the accused had to show lawful possession; the appeal was dismissed.

• Unlawful Possession
• Burden Of Proof
• Gold Trading Offences
• Burden-of-proof
• Unlawful-possession
• Criminal-appeals