[1949] EACA 47
The Court held that it is unnecessary to prove that a corrupt gift or offer to a public officer was corruptly accepted for the offence under section 91(2) to be established. The construction suggested by the appellant would distort the plain meaning of the statute and defeat its purpose. The act of corruptly giving...
Source-derived case information.
- Citation
- [1949] EACA 47
- Parties
- Appellant: Mohamedali Ahmed Remtulla; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 217 of 1949
- Procedural Posture
- Criminal Appeal / Appeal From High Court
- Outcome
- appeal dismissed
- Judges
- Edwards CJ, Graham Paul CJ, Gray CJ
- Legal Topics
- Corruption Offences, Public Officer Misconduct, Elements of Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamedali Ahmed Remtulla
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court
Legal Issues
- 1 Whether proof is required that a corrupt gift or offer to a public officer was corruptly accepted for an offence under section 91(2).
Ratio Decidendi
The Court held that it is unnecessary to prove that a corrupt gift or offer to a public officer was corruptly accepted for the offence under section 91(2) to be established. The construction suggested by the appellant would distort the plain meaning of the statute and defeat its purpose. The act of corruptly giving or offering money with intent to induce a public officer to omit a duty is sufficient to constitute the offence, irrespective of acceptance. The appeal was found to have no merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
12 paragraphs
### COURT OF APPEAL FOR EASTERN AFRICA
# Before SIR GRAHAM PAUL, C. J. (Tanganyika), EDWARDS, C. J. (Uganda), and SIR JOHN GRAY, C. J. (Zanzibar)
## MOHAMEDALI AHMED REMTULLA, Appellant (Original Accused)
# REX, Respondent (Original Prosecutor) Criminal Appeal No. 217 of 1949
(Appeal from decision of H. M. High Court of Tanganyika-Knight, J.)
Corruption of public officer—Whether proof necessary that it was corruptly accepted.
A plain clothes constable was counting passengers on accused's bus; the accused owner winked at the constable and handed him Sh. 15 asking the constable: to "leave him alone". The constable immediately drew his associates attention to the fact that they saw him being given Sh. 15.
Held (19-10-49).—It was unnecessary to prove that the corrupt gift or offer was corruptly accepted.
Appeal dismissed.
McRoberts for the Appellant.
### Munir, Crown Counsel (Tanganyika), for the Respondent.
JUDGMENT (delivered by SIR GRAHAM PAUL, C. J.).—In this appeal we are asked to hold that a person who corruptly gives or offers money to a person in the public services to induce such person to omit to perform some duty of his office does not commit an offence under section 91 (2) unless it is proved that the corrupt gift or offer was corruptly accepted by the person to whom it was given or offered. In our opinion it is manifestly impossible to put such a construction on section 91 (2) without serious violence to the English language and common sense. We find no merit in the appeal which is dismissed.