[1937] EACA 79

[1937] EACA 79

The court held that although evidence on oath given by the accused before the committing magistrate can generally be used against him at trial, the deposition in this case was improperly admitted because section 266 of the Tanganyika Criminal Procedure Code refers specifically to unsworn statements. The Legislature distinguishes between the methods of admitting sworn and unsworn statements, and the formalities for admitting sworn evidence were not satisfied. Nevertheless, the exclusion of this evidence did not affect the propriety of the conviction, as the remaining evidence established a prima facie case against the appellant, who did not make any statement or call witnesses, and whose...

Citation
[1937] EACA 79
Parties
Appellant: Hashimu alias Daudi bin Mdoka; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
Cr. App. 150/1933.
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
appeal_dismissed
Judges
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ
Legal Topics
Admissibility of Evidence, Statements by Accused, Committal Proceedings, Murder Trial
Source Language
English
Criminal Law Admissibility of Evidence Statements by Accused Committal Proceedings Murder Trial

Case Brief

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Parties

Hashimu alias Daudi bin Mdoka

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether evidence on oath given by the accused before the committing magistrate is admissible at trial.
  2. 2 Whether the deposition was properly admitted without proof under the relevant sections of the Criminal Procedure Code.

Ratio Decidendi

The court held that although evidence on oath given by the accused before the committing magistrate can generally be used against him at trial, the deposition in this case was improperly admitted because section 266 of the Tanganyika Criminal Procedure Code refers specifically to unsworn statements. The Legislature distinguishes between the methods of admitting sworn and unsworn statements, and the formalities for admitting sworn evidence were not satisfied. Nevertheless, the exclusion of this evidence did not affect the propriety of the conviction, as the remaining evidence established a prima facie case against the appellant, who did not make any statement or call witnesses, and whose...

Court Disposition

appeal_dismissed

Orders

  • The appeal is dismissed.