[1935] EACA 136

[1935] EACA 136

The court held that section 7 of Ordinance 18/1933 only allows for an award to an informer if a fine is imposed. Since no fine was imposed in this case, no award could be made. Furthermore, even if an award were possible, it should not be directed to the Police Rewards and Fines Fund when the information is provided by a private person, as this would prevent the informer from receiving the reward, contrary to the legislative intent. The order for payment to the Police Rewards and Fines Fund was therefore quashed, and any money recovered under the order was directed to be refunded.

Citation
[1935] EACA 136
Parties
Applicant: Rex; Respondent: Cheriyot Arap Rotich
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1935
Case Number
Cr. Conf. Case No. 251/35.
Procedural Posture
Criminal Confirmation / Confirmation of Conviction and Sentence
Outcome
order quashed; refund directed
Judges
Sheridan CJ, Webb, J
Legal Topics
Stock Theft, Reward to Informer, Imposition of Fine, Police Rewards and Fines Fund
Source Language
English
Criminal Law Stock Theft Reward to Informer Imposition of Fine Police Rewards and Fines Fund

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Applicant

Cheriyot Arap Rotich

Respondent

Procedural Posture

Criminal Confirmation / Confirmation of Conviction and Sentence

Legal Issues

  1. 1 Whether an award to an informer can be made under Ordinance 18/1933 when no fine is imposed.
  2. 2 Whether a reward for information given by a private person can be directed to the Police Rewards and Fines Fund.

Ratio Decidendi

The court held that section 7 of Ordinance 18/1933 only allows for an award to an informer if a fine is imposed. Since no fine was imposed in this case, no award could be made. Furthermore, even if an award were possible, it should not be directed to the Police Rewards and Fines Fund when the information is provided by a private person, as this would prevent the informer from receiving the reward, contrary to the legislative intent. The order for payment to the Police Rewards and Fines Fund was therefore quashed, and any money recovered under the order was directed to be refunded.

Court Disposition

order quashed; refund directed

Orders

  • The order directing payment to the Police Rewards and Fines Fund is quashed.
  • Any money recovered under the order is to be refunded.