[1937] EACA 192

[1937] EACA 192

The court held that section 23 of the Post Office Ordinance, 1934, prohibits the transmission by post of any postal article 'having thereon' words of a scurrilous character. The phrase 'having thereon' refers to the exterior of the postal article, not its contents. The legislative distinction between 'seditious' matter (which is absolutely prohibited regardless of location) and 'scurrilous, threatening, indecent, obscene or grossly offensive' matter (prohibited only if appearing on the outside) indicates a deliberate intent. The court cannot extend the scope of the offence to include objectionable content inside a closed envelope when the statute does not expressly do so. Therefore,...

Citation
[1937] EACA 192
Parties
Applicant: Rex; Respondent: M. K. Bates
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
Cr. Rev. Case No. 44/1937
Procedural Posture
Criminal Revision / Application for Revision of Magistrate's Refusal to Commit
Outcome
application for revision dismissed; magistrate's decision affirmed
Judges
Lucie-Smith Ag CJ (Kenya), Webb, J
Legal Topics
Postal Offences, Statutory Interpretation, Scurrilous Communications
Source Language
English
Criminal Law Postal Offences Statutory Interpretation Scurrilous Communications

Case Brief

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Parties

Rex

Applicant

M. K. Bates

Respondent

Procedural Posture

Criminal Revision / Application for Revision of Magistrate's Refusal to Commit

Legal Issues

  1. 1 Whether posting a closed envelope containing a scurrilous communication, but bearing only the addressee's name and address on the outside, constitutes an offence under section 23 of the Post Office Ordinance, 1934.
  2. 2 Whether the phrase 'having thereon words of a scurrilous character' in section 23 applies to the contents of a letter or only to the exterior of the postal article.

Ratio Decidendi

The court held that section 23 of the Post Office Ordinance, 1934, prohibits the transmission by post of any postal article 'having thereon' words of a scurrilous character. The phrase 'having thereon' refers to the exterior of the postal article, not its contents. The legislative distinction between 'seditious' matter (which is absolutely prohibited regardless of location) and 'scurrilous, threatening, indecent, obscene or grossly offensive' matter (prohibited only if appearing on the outside) indicates a deliberate intent. The court cannot extend the scope of the offence to include objectionable content inside a closed envelope when the statute does not expressly do so. Therefore,...

Court Disposition

application for revision dismissed; magistrate's decision affirmed

Orders

  • The application for revision by the Crown is rejected.
  • The decision of the Resident Magistrate refusing to commit the respondent is upheld.