[1947] EACA 38
The evidence accepted by the trial Judge and assessors established the offence of murder. Although some provocation was offered to the appellant by the deceased, it was not sufficiently grave to afford him any legal protection under the law. The appeal was dismissed. The Court also commented that the practice of...
Source-derived case information.
- Citation
- [1947] EACA 38
- Parties
- Appellant: Ramazani s/o Waziri; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 114 of 1947
- Procedural Posture
- Criminal Appeal / Appeal Judgment
- Outcome
- appeal dismissed
- Judges
- Edwards CJ, Graham Paul CJ, Nihill P
- Legal Topics
- Murder, Provocation, Capital Sentencing, Judicial Recommendation Practice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramazani s/o Waziri
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Judgment
Legal Issues
- 1 Whether the evidence established the offence of murder against the appellant.
- 2 Whether the provocation offered by the deceased was sufficient to afford the appellant legal protection.
- 3 Whether the practice of judges indicating in open court their recommendation for mercy in capital cases is appropriate.
Ratio Decidendi
The evidence accepted by the trial Judge and assessors established the offence of murder. Although some provocation was offered to the appellant by the deceased, it was not sufficiently grave to afford him any legal protection under the law. The appeal was dismissed. The Court also commented that the practice of judges indicating in open court the form their recommendation for mercy will take in capital cases is inadvisable, as it may lead to inconsistency and undermine the calm consideration required for such decisions.
Court Disposition
appeal dismissed
Orders
- Appeal is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
# COURT OF APPEAL FOR EASTERN AFRICA
## Before NIHILL, C. J. (Kenya), SIR G. GRAHAM PAUL, C. J. (Tanganyika) and EDWARDS, C. J. (Uganda)
# REX, Respondent (Original Prosecutor)
# RAMAZANI s/o WAZIRI. Appellant (Original Accused) Criminal Appeal No. 114 of 1947
(Appeal from decision of H. M. High Court of Tanganyika)
## PRACTICAL NOTE
Observations on the practice adopted by some Judges of indicating in open Court the form that their recommendation to the Governor in a capital case will take.
## Appellant absent, unrepresented.
Holland, Crown Counsel (Kenya), for the Crown.
JUDGMENT (delivered by NIHILL, C. J.).—The evidence for the prosecution as accepted by the learned trial Judge and the assessors establishes the offence of murder. That some provocation was offered to the appellant by the deceased is evident, but it fell far short of being sufficiently grave to afford him any legal protection. This appeal must be dismissed.
We have already during the present sittings of this Court commented on the practice adopted by some Judges in these territories of indicating in open Court the form that their recommendation to the Governor in a capital case will take and have expressed our view that it is not a good one. The judgment in the present case affords an illustration of some of its drawbacks. The learned Judge, after indicating in his judgment that he proposed to make a strong recommendation for mercy, changed his mind after the Allocutus which preceded the passing of the death sentence. We think the learned Judge would have been better advised to have said nothing at all on the subject, but to have left the matter over for calm consideration at a later stage.