[1937] EACA 148

[1937] EACA 148

The court held that although the statutory three-day notice period for service of information prior to trial was not observed, there was no possibility of a failure of justice in this case. Therefore, section 335 of the Criminal Procedure Code could be invoked to cure the procedural defect. The evidence supported the conviction and the appeal was dismissed.

Citation
[1937] EACA 148
Parties
Respondent: Rex; Appellant: Luguda s/o Wage
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
Cr.A. 38/1934.
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Judges
Gamble. Ag. J. (Kenya), Horne J, Lucie-Smith Ag CJ (Kenya)
Legal Topics
Criminal Procedure Code, Notice of Trial, Irregularity Cure, Failure of Justice
Source Language
English
Criminal Law Criminal Procedure Code Notice of Trial Irregularity Cure Failure of Justice

Case Brief

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Parties

Rex

Respondent

Luguda s/o Wage

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether failure to give three days' notice of trial after service of information in the High Court constitutes a fatal irregularity.
  2. 2 Whether section 335 of the Criminal Procedure Code can cure the irregularity of insufficient notice if no miscarriage of justice occurred.

Ratio Decidendi

The court held that although the statutory three-day notice period for service of information prior to trial was not observed, there was no possibility of a failure of justice in this case. Therefore, section 335 of the Criminal Procedure Code could be invoked to cure the procedural defect. The evidence supported the conviction and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.