[1937] EACA 68

[1937] EACA 68

The Court held that the entry of a nolle prosequi by the Attorney General does not extinguish the order of the Bankruptcy Court authorizing prosecution; such order remains effective until acquittal or conviction. The Criminal Procedure Code does not permit an accused to tender a written unsworn statement at trial in the Supreme Court; only evidence on oath is allowed. The Supreme Court lacks power to grant bail pending appeal to the Court of Appeal, and any irregularity in granting bail cannot be remedied by enhancing the sentence unless the sentence is manifestly inadequate. On the facts, the prosecution proved that the pledging of goods was not in the ordinary course of business, and...

Citation
[1937] EACA 68
Parties
Appellant: Jamal-ud-Din; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
Cr. App, 125/1933.
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the Supreme Court of Kenya
Outcome
appeal dismissed
Judges
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ
Legal Topics
Bankruptcy Offences, Criminal Procedure, Bail Pending Appeal, Order of Prosecution, Fraudulent Intent
Source Language
English
Criminal Law Commercial and Corporate Bankruptcy Offences Criminal Procedure Bail Pending Appeal Order of Prosecution Fraudulent Intent

Case Brief

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Parties

Jamal-ud-Din

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the Supreme Court of Kenya

Legal Issues

  1. 1 Whether the entry of a nolle prosequi extinguishes the order of the Bankruptcy Court authorizing prosecution of the debtor.
  2. 2 Whether an accused person is entitled to tender a written unsworn statement at trial under the applicable Criminal Procedure Code provisions.
  3. 3 Whether the Supreme Court has power to grant bail pending appeal to the Court of Appeal.

Ratio Decidendi

The Court held that the entry of a nolle prosequi by the Attorney General does not extinguish the order of the Bankruptcy Court authorizing prosecution; such order remains effective until acquittal or conviction. The Criminal Procedure Code does not permit an accused to tender a written unsworn statement at trial in the Supreme Court; only evidence on oath is allowed. The Supreme Court lacks power to grant bail pending appeal to the Court of Appeal, and any irregularity in granting bail cannot be remedied by enhancing the sentence unless the sentence is manifestly inadequate. On the facts, the prosecution proved that the pledging of goods was not in the ordinary course of business, and...

Court Disposition

appeal dismissed

Orders

  • The appeal against conviction and sentence is dismissed.
  • The application that the sentence should begin from the date of judgment is refused.