[1941] EACA 56
The Court held that the extra-judicial statement made by the accused, 'I have killed my father accidentally when he tried to strike me,' does not amount to a confession as it does not admit the offence in terms or substantially all the facts constituting the offence, in line with the Privy Council decision in Pakala...
Source-derived case information.
- Citation
- [1941] EACA 56
- Parties
- Appellant: Kituya s/o Swandetti; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 92 of 1941
- Procedural Posture
- Criminal Appeal / Appeal From High Court
- Outcome
- appeal dismissed
- Judges
- Hayden J, Sheridan, (C.J. Kenya), Whitley CJ
- Legal Topics
- Confession Evidence, Retracted Confession, Corroboration Requirement, Murder Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kituya s/o Swandetti
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court
Legal Issues
- 1 Whether the extra-judicial statement made by the accused amounts to a confession within the meaning of the law.
- 2 Whether corroboration is essential for the acceptance of a retracted confession.
Ratio Decidendi
The Court held that the extra-judicial statement made by the accused, 'I have killed my father accidentally when he tried to strike me,' does not amount to a confession as it does not admit the offence in terms or substantially all the facts constituting the offence, in line with the Privy Council decision in Pakala Narayana Swami v. The King-Emperor. Even if the statement were considered a confession and subsequently retracted, corroboration is not essential for its acceptance, as established in Rex v. Sinoya. The conviction was found to be amply supported by evidence beyond the statement, and the appeal was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
12 paragraphs
# COURT OF APPEAL FOR EASTERN AFRICA
Before SIR JOSEPH SHERIDAN, C. J. (Kenya), SIR NORMAN WHITLEY, C. J. (Uganda) and HAYDEN, J. (Kenya)
REX, Respondent (Original Prosecutor)
# KITUYAN S/O SWANDETTI, Appellant (Original Accused)
#### Criminal Appeal No. 92 of 1941
### Appeal from the decision of H. M. High Court of Tanganyika.
Criminal Law-Confession-Necessity for corroboration of retracted confession. Appellant appealed from a conviction of murder.
Held (31-7-41).—A confession must either admit in terms of the offence or at any rate substantially all the facts which constitute the offence, consequently such a statement as<br>"I have killed my father accidentally when he tried to strike me" should not have been treated as a confession.
Appellant absent unrepresented.
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### Spurling, Crown Counsel, for the Crown.
JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).-No exception can be taken to this conviction, which in our opinion is amply supported by the evidence. There are one or two matters to which we would like to refer. The learned trial Judge held the extra-judicial statement to be a confession. With this we do not agree, for it is contrary to the decision of the Privy Council in Pakala Narayana Swami v. The King-Emperor (1939), 66 I. A. p. 66. At page 81 of the judgment of the Board it is stated, "Moreover a confession must either admit in terms the offence or at any rate substantially all the facts which constitute the offence". This suffices to show that the extra-judicial statement does not amount to a confession. In the statement, the accused said, "I have killed my father accidentally when he tried to strike me". But even if the statement were regarded as a confession and a confession which was subsequently retracted, which does not appear to have been the case, the learned Judge should not have directed himself that corroboration was essential to its acceptance (vide Rex v. Sinoya (1939) 6 E. A. C. A. 155). There is, as it happens, evidence additional to the statement to which we have referred. The appeal is dismissed.