[1945] EACA 62
The court found that the accused had consistently raised an alibi from the very beginning of the proceedings and had called supporting witnesses at the earliest opportunity. This, combined with the circumstances of the case, left the court in significant doubt as to the reliability of the identification evidence...
Source-derived case information.
- Citation
- [1945] EACA 62
- Parties
- Appellant: Rex; Defendant: Masese s/o Murimbocho
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Case No. 25 of 1945
- Procedural Posture
- Criminal Trial / Judgment
- Outcome
- acquitted
- Judges
- Lucie-Smith, J. (Kenya)
- Legal Topics
- Murder, Alibi Defence, Identification Evidence, Reasonable Doubt
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rex
Appellant
Masese s/o Murimbocho
Defendant
Procedural Posture
Criminal Trial / Judgment
Legal Issues
- 1 Whether the defence of alibi raised reasonable doubt as to the identification of the accused.
- 2 Whether it was safe to convict the accused based on the identification evidence presented.
Ratio Decidendi
The court found that the accused had consistently raised an alibi from the very beginning of the proceedings and had called supporting witnesses at the earliest opportunity. This, combined with the circumstances of the case, left the court in significant doubt as to the reliability of the identification evidence provided by the Crown witnesses. The judge concluded that the possibility of mistaken identification was so substantial that it would be unsafe to convict the accused. Accordingly, the presence of reasonable doubt necessitated an acquittal.
Court Disposition
acquitted
Orders
- The accused is acquitted and discharged.
Full Case Text
Judgment text and source record
14 paragraphs
## ORIGINAL CRIMINAL
## BEFORE LUCIE-SMITH, J.
## REX, Prosecutor
$\boldsymbol{\nu}.$
## MASESE s/o MURIMBOCHO, Accused Criminal Case No. 25 of 1945
Criminal Law-Murder-Defence of alibi-Identification of accused-Reasonable doubt.
Remarks upon the circumstances in which an alibi may throw reasonable doubt on the identification of the accused rendering it unsafe to convict.
R. v. Ahmed bin Abdul Hafid 1 E. A. C. A. 76.
R. v. Sukha Singh and others 6 E. A. C. A. 145 referred to.
Russell for Crown.
Kohli for Accused.
JUDGMENT.—I think this is the first case in my experience where a native charged with murder in the Reserve has put forward an alibi from the very start and has called his witnesses to such alibi at the earliest moment, that is in the lower court—See R. v. Ahmed bin Abdul Hafid, 1, E. A. C. A. 76 and R. v. Shuka Singh and others, 6 E. A. C. A. 145.
In view of the defence put forward I am left in such a state of doubt as to whether the identification of the accused by the Crown witnesses is not so utterly mistaken that it would in my opinion be most unsafe to even consider the possibility of a conviction.
The accused is acquitted and discharged.