[1932] EACA 17

[1932] EACA 17

Where the Supreme Court, in exercise of its powers of confirmation, quashes a conviction and sentence and does not order a re-trial, the accused cannot be placed on trial again for the same offence on the same facts. The effect of such an order is equivalent to an acquittal, and the principle of autrefois acquit applies, barring further proceedings. The underlying rationale is that no person should be twice in jeopardy for the same offence, and the absence of a re-trial order or express acquittal does not diminish the finality of the Supreme Court's decision. The confirmation procedure under section 11 of the Criminal Procedure Code further underscores the necessity of Supreme Court...

Citation
[1932] EACA 17
Parties
Respondent: Rex; Appellant: Kimnyongo Arap Kimanjo
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1932
Case Number
Con. C. 48/1932.
Procedural Posture
Criminal Confirmation / Confirmation
Outcome
conviction_and_sentence_quashed_accused_acquitted
Judges
Barth CJ
Legal Topics
Autrefois Acquit, Double Jeopardy, Confirmation of Sentence, Inadmissible Evidence
Source Language
English
Criminal Law Autrefois Acquit Double Jeopardy Confirmation of Sentence Inadmissible Evidence

Case Brief

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Parties

Rex

Respondent

Kimnyongo Arap Kimanjo

Appellant

Procedural Posture

Criminal Confirmation / Confirmation

Legal Issues

  1. 1 Whether the Supreme Court's order quashing a conviction and sentence without ordering a re-trial bars further prosecution for the same offence on the same facts.
  2. 2 Whether the accused can successfully plead autrefois acquit or autrefois convict after the Supreme Court's order.
  3. 3 Whether the sentence imposed required confirmation under section 11 of the Criminal Procedure Code.

Ratio Decidendi

Where the Supreme Court, in exercise of its powers of confirmation, quashes a conviction and sentence and does not order a re-trial, the accused cannot be placed on trial again for the same offence on the same facts. The effect of such an order is equivalent to an acquittal, and the principle of autrefois acquit applies, barring further proceedings. The underlying rationale is that no person should be twice in jeopardy for the same offence, and the absence of a re-trial order or express acquittal does not diminish the finality of the Supreme Court's decision. The confirmation procedure under section 11 of the Criminal Procedure Code further underscores the necessity of Supreme Court...

Court Disposition

conviction_and_sentence_quashed_accused_acquitted

Orders

  • The conviction and sentence against the accused are reversed.
  • The accused is acquitted and shall not be tried again for the same offence on the same facts.