[1938] EACA 42

[1938] EACA 42

The order for retrial made by the High Court in the exercise of its revisional jurisdiction was an order to the prejudice of the accused. As the accused was not given an opportunity to be heard, either personally or through counsel, before the order was made, the procedural requirements of the Criminal Procedure Code were violated. Consequently, the second trial and its resulting conviction and sentence are invalid and must be quashed. The conviction and sentence from the original trial held in the exercise of extended jurisdiction are restored. The case must return to the High Court for confirmation of the sentence or for further revision, with the explicit requirement that the accused...

Citation
[1938] EACA 42
Parties
Appellant: Kiza s/o Banyanga; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1938
Case Number
Cr. App. No. 167/1937
Procedural Posture
Criminal Appeal / Appeal From Retrial Ordered by High Court in Revisional Jurisdiction
Outcome
Appeal allowed; conviction and sentence from second trial quashed; original conviction and sentence restored.
Judges
Francis, Ag. C.J. (Uganda), Lane, Ag. J, Law, C.J (Zanzibar), Sheridan, (C.J. Kenya)
Legal Topics
Revisional Jurisdiction, Right to Be Heard, Confirmation of Death Sentence, Prejudice to Accused, Retrial Orders
Source Language
English
Criminal Law Civil Procedure Revisional Jurisdiction Right to Be Heard Confirmation of Death Sentence Prejudice to Accused Retrial Orders

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Parties

Kiza s/o Banyanga

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From Retrial Ordered by High Court in Revisional Jurisdiction

Legal Issues

  1. 1 Whether the High Court of Tanganyika had revisional jurisdiction to order a retrial when confirming a death sentence passed by a Court exercising extended jurisdiction.
  2. 2 Whether an order for retrial made in revision without giving the accused an opportunity to be heard is valid.
  3. 3 Whether the conviction and sentence from the second trial can stand in light of procedural irregularity.

Ratio Decidendi

The order for retrial made by the High Court in the exercise of its revisional jurisdiction was an order to the prejudice of the accused. As the accused was not given an opportunity to be heard, either personally or through counsel, before the order was made, the procedural requirements of the Criminal Procedure Code were violated. Consequently, the second trial and its resulting conviction and sentence are invalid and must be quashed. The conviction and sentence from the original trial held in the exercise of extended jurisdiction are restored. The case must return to the High Court for confirmation of the sentence or for further revision, with the explicit requirement that the accused...

Court Disposition

Appeal allowed; conviction and sentence from second trial quashed; original conviction and sentence restored.

Orders

  • The conviction and sentence in the retrial are quashed.
  • The conviction and sentence from the original trial are restored.