Wakilii

Ali and Another v Reginam (Criminal Appeals Nos. 1008 and 1009 of 1954)

East African Court of Appeal · [1955] EACA 322 · 1955 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeals from conviction and death sentence for murder imposed by the High Court of Tanganyika
Decision
Appellants' convictions for murder and death sentences upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A conviction for murder may be justified if based on a confession alone, provided the confession is admissible in evidence and believed by the court. If a confession is retracted, it should only be accepted with corroboration. A confession is admissible irrespective of the person to whom it was made or the occasion on which it was made, including when the accused was charged with a different offence, so long as it was not made as a result of inducement or duress. Appeals dismissed.

Outcome

Appellants' convictions for murder and death sentences upheld

Facts

The two appellants were convicted of murdering Salehe s/o Sale, the husband of the first appellant, in May 1954. Both appellants were members of a Chama of witches. They were arrested on a charge of witchcraft and brought before the District Commissioner at their own request on 6 July 1954, where they made voluntary statements confessing to the murder. According to their statements, the Chama decided to kill Salehe, whom they regarded as a rival wizard. They waylaid him at night, forced drugs into his mouth rendering him unconscious, took him to their leader Chepela's house, and three days later killed him with other drugs in the bush. The body was dismembered, and the head and organs were cooked and eaten by the witches including both appellants. The appellants confirmed their statements at the preliminary inquiry on 29 September 1954. At trial, the first appellant made a confused statement but admitted many incidents from her previous statements, while the second appellant admitted her statement to the District Commissioner was correct. Corroborative evidence included the first accused's possession of her husband's coat, human teeth found hidden in her vagina that fitted the skull of the deceased, and her showing police where her husband's belongings were found in the bush.

Issues

  1. Whether a confession to murder without corroboration is sufficient to found a conviction for murder.
  2. Whether a confession made when charged with a different offence (witchcraft) should carry less weight than one made when charged with murder.

Orders

  • Appeals dismissed.
  • Convictions and death sentences upheld.

Rules and key headnotes

Evidence — Confessions — Sufficiency for Conviction — Murder Conviction Based on Confession Alone
A conviction for murder may be justified if based on a confession alone, provided that the confession is admissible in evidence and believed by the court.
Evidence — Confessions — Retracted Confessions — Need for Corroboration
If a confession is retracted, it should only be accepted as evidence with corroboration.
Evidence — Confessions — Admissibility — Circumstances of Making Confession
A confession is admissible in evidence irrespective of the person to whom it was made or the occasion on which it is made, so long as it has not been made as a result of inducement or duress.
Evidence — Confessions — Weight — Confession Made When Charged with Different Offence
A confession made when an accused is charged with one offence (such as witchcraft) has the same evidential weight as a confession made when charged with another offence (such as murder), provided it is otherwise admissible and voluntary.

Cases cited (1)

  • Gae s/o Maimba and Another v R (12 EACA 82)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ali and Another v Reginam (Criminal Appeals Nos. 1008 and 1009 of 1954) [1955] EACA 322 (1 January 1955)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.