[1938] EACA 140
The court held that the confession made by the appellant to the Chief was not automatically inadmissible under the Evidence Ordinance, Cap. 68, sec. 24. The court found sufficient corroboration of the children's testimony in the appellant's conduct of leading the Chief to the location of the hidden spear. The court...
Source-derived case information.
- Citation
- [1938] EACA 140
- Parties
- Respondent: Rex; Appellant: Okello Byenzi s/o Anyoro
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Cr. App, No. 194 of 1938.
- Procedural Posture
- Criminal Appeal / Appeal From Conviction
- Outcome
- appeal dismissed
- Judges
- Bartley J, Sheridan, (C.J. Kenya), Whitley CJ
- Legal Topics
- Admissibility of Confessions, Evidence of Children, Corroboration, Murder, Role of Chiefs in Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Respondent
Okello Byenzi s/o Anyoro
Appellant
Procedural Posture
Criminal Appeal / Appeal From Conviction
Legal Issues
- 1 Is a confession made to a Chief admissible in evidence under the Evidence Ordinance, Cap. 68, sec. 24?
- 2 Is there sufficient corroboration of the evidence given by children of tender years in a murder case?
Ratio Decidendi
The court held that the confession made by the appellant to the Chief was not automatically inadmissible under the Evidence Ordinance, Cap. 68, sec. 24. The court found sufficient corroboration of the children's testimony in the appellant's conduct of leading the Chief to the location of the hidden spear. The court concluded that, unless the law is further amended to specifically exclude confessions made to Chiefs, such confessions remain admissible. Accordingly, the conviction was upheld and the appeal 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 Joseph SHERIDAN, C. J. (Kenya); WHITLEY, C. J. (Uganda); and BARTLEY, J. (Tanganyika)
REX, Respondent (Original Prosecutor) v.
OKELLO BYENZI s/o ANYORO, Appellant (Original Accused) Cr. App. No. 194 of 1938.
Appeal from conviction by H. M. High Court of Uganda.
Criminal Law-Evidence Ordinance (Laws of Uganda), Cap. 68, sec. 24—Confession to a Chief.
Accused appealed from a conviction of murder of a child. Theevidence included that of two children of tender years who said they had seen the appellant kill the deceasd with a spear. The Wan Pach (Chief) of Alegi gave evidence inter alia that the accused hadvoluntarily confessed to him that he had killed the child and that the appellant had shown him where the spear was to be found.
Held (8-11-38).—That the confession to the Chief was not ipso facto inadmissiblein evidence.
Appellant, absent, unrepresented.
Henderson. Crown Counsel (Tanganyika), for the Crown.
JUDGMENT (delivered by Sir Joseph Sheridan, C. J.).—We think that there is sufficient corroboration of the evidence of the children in the conduct of the appellant in taking the Chief to the spot where a spear was hidden in the grass and revealed by the appellant to the Chief. As to whether the confession made to the Chief is admissible whatever the intention of the Legislature may have been we are not prepared to say that a confession made to a Chief is inadmissible on a strict reading of the Evidence Ordinance (Laws of Uganda, Revised Edition), Cap. 68, sec. 24. If it is intended that confessions made to-Chiefs should be excluded then the law in our opinion will require to be further amended.
The appeal is dismissed.