[1956] EACA 12
The court held that the charge was fundamentally defective because it failed to allege that the accused was found, captured, or taken into custody under circumstances raising a reasonable presumption of terrorist intent or recent terrorist activity, as required by regulation 8 FA (1) of the Emergency Regulations,...
Source-derived case information.
- Citation
- [1956] EACA 12
- Parties
- Appellant: Izekiah Musanzi; Respondent: The Queen
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 179 of 1956
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- Forbes J, Rudd J
- Legal Topics
- Terrorism Offences, Emergency Regulations, Form of Charge, Definition of Terrorist
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Izekiah Musanzi
Appellant
The Queen
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the particulars of the charge against the appellant satisfied the requirements of regulation 8 FA (1) of the Emergency Regulations, 1952.
- 2 Whether a charge under the regulation can cover acts alleged over a period of years.
- 3 Whether the facts established an offence under the Emergency Regulations.
Ratio Decidendi
The court held that the charge was fundamentally defective because it failed to allege that the accused was found, captured, or taken into custody under circumstances raising a reasonable presumption of terrorist intent or recent terrorist activity, as required by regulation 8 FA (1) of the Emergency Regulations, 1952. Furthermore, the charge improperly extended to acts over a period of years, whereas the regulation requires that such acts be recent in relation to the accused's apprehension. On the facts presented, no offence under the regulations was established, and the conviction and sentence could not stand.
Court Disposition
appeal_allowed
Orders
- Conviction and sentence set aside.
- Appellant acquitted of all charges.
Full Case Text
Judgment text and source record
21 paragraphs
## APPELLATE CRIMINAL
Before RUDD and FORBES, JJ.
## IZEKIAH MUSANZI, Appellant
## THE QUEEN, Respondent
## Criminal Appeal No. 179 of 1956
Acting as a terrorist—Form of charge—Definition of terrorist—Regulation 8 FA (1) and regulation 34 (3) of the Emergency Regulations, 1952.
The appellant was convicted of acting as a terrorist contra regulation 8 FA (1) of the Emergency Regulations, 1952. The offence is defined as: $-$
"Any person who is found or is captured or is otherwise taken into custody in circumstances which raise a reasonable presumption that he intends or is about to act or has recently acted as a terrorist or other in furtherance of the objects of terrorism."
The appellant was arrested or taken into custody in June, 1956. The particulars of charge were:-
"Izekiah s/o Musanzi during 1953, 1954 and 1955 in the Embu and Nyeri Districts of the Central Province acted under circumstances which raise a reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in the furtherance of the object of terrorism."
The further facts appear from the judgment.
Held (29-8-56).—(1) The charge was bad, as it did not allege that accused was found captured or taken into custody under such circumstances as raise the reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in furtherance of the objects of terrorism.
(2) A charge under this regulation could not extend to cover a period of years. Acts alleged as having been committed prior to his finding, capture or taking into custody<br>must be recent in relation to the finding, capture or taking into custody.
(3) On the facts, no offence under the regulations had been established.
Appellant in person.
Brookes, Crown Counsel, for respondent.
Reported by: R. O'Connor, Esq., Resident Magistrate, Nairobi.
JUDGMENT.—The appellant appeals from a conviction of acting as a terrorist contra regulation 8 FA (1) of the Emergency Regulations and sentence of eight years' imprisonment with hard labour.
On 22nd August, 1956, we allowed the appeal against conviction and sentence stating that we would give reasons at a later date.
The particulars of the charge were as follows: —
"Izekiah s/o Musanzi during 1953, 1954 and 1955 in the Embu and Nyeri Districts of the Central Province acted under circumstances which raise a reasonable presumption that he intended or was about to act or had recently acted as a terrorist or otherwise in furtherance of the object of terrorism."