Wakilii

Farah v The Queen (Criminal Appeal No. 316 of 1956)

East African Court of Appeal · [1956] EACA 11 · 1956 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for attempted theft
Decision
Conviction for attempted theft upheld; appellant to serve 18 months' imprisonment with hard labour

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the necessary ingredients of an attempt under section 389 of the Penal Code are: an intention to commit an offence, a beginning to put the intention into execution by means adapted to its fulfilment, and a manifestation of the intention by some overt act. Where the accused tried to force the window of a locked car containing a coat, acted furtively, moved off when police arrived, and falsely denied tampering with the car, the magistrate could reasonably regard the accused as having the specific purpose of stealing the coat. Appeal dismissed.

Outcome

Conviction for attempted theft upheld; appellant to serve 18 months' imprisonment with hard labour

Facts

The appellant and a co-accused were convicted of attempting to steal a greatcoat from a motor vehicle. The vehicle was parked outside the Avenue Hotel and was securely locked with a coat inside. The accused was seen hovering around the car and trying to open a window. The following morning the owner found signs on the front window of attempts to open it. The accused acted furtively and moved off as soon as police arrived. He falsely denied tampering with the car. The magistrate convicted him of attempted theft and sentenced him to 18 months' imprisonment with hard labour.

Issues

  1. Whether an attempt to open the door of a locked car constitutes an attempt to steal property inside the car.
  2. What are the necessary ingredients of the offence of attempt as defined in section 389 of the Penal Code.

Orders

  • Appeal dismissed.
  • Conviction upheld.

Rules and key headnotes

Criminal Law — Attempt — Elements of the Offence
The necessary ingredients of an attempt as defined in section 389 of the Penal Code are: an intention to commit an offence, a beginning to put the intention into execution by means adapted to its fulfilment, and a manifestation of the intention by some overt act.
Criminal Law — Attempt to Steal — Proof of Specific Intent
Where an accused tries to force the window of a locked car containing property, acts furtively, moves off when police arrive, and falsely denies tampering with the car, a magistrate may reasonably infer that the accused had the specific purpose of stealing the property inside.
Statutory Interpretation — Penal Code — Test for Attempt
The test adopted in R v Eagleton, namely whether there was any further act on the prisoner's part remaining to be done, is not law in Kenya and is expressly negatived by section 389 of the Penal Code.

Legislation cited (3)

  • Penal Code s.270
  • Penal Code s.389
  • Penal Code s.390

Cases cited (5)

  • R v Eagleton (Dears 515)
  • R v Roberts (Dears 539)
  • R v Cope (16 Cr App R 77)
  • R v Bloxham (29 Cr App R 37)
  • R v Robinson [1915] 2 KB 342

Full judgment

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

Farah v The Queen (Criminal Appeal No. 316 of 1956) [1956] EACA 11 (1 January 1956)
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.