Wakilii

Kizito v Reginam (Criminal Appeal 69 of 1955)

East African Court of Appeal · [1955] EACA 341 · 1955 Matter Remitted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Second criminal appeal from conviction for robbery with violence, following first appeal to High Court of Uganda
Decision
Matter remitted to High Court for reconsideration; appellant to continue serving sentence pending reconsideration

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal remitted the case to the High Court for reconsideration of a material non-direction by the trial magistrate. The magistrate failed to consider defence evidence that the complainant did not initially name the appellant to police when reporting the robbery, despite the complainant testifying he knew and recognised the appellant. Evidence of first reports is of paramount importance in serious criminal cases and admissible under Evidence Ordinance section 155 to corroborate later testimony.

Outcome

Matter remitted to High Court for reconsideration; appellant to continue serving sentence pending reconsideration

Facts

The appellant was convicted by a resident magistrate at Kampala of robbery with violence and sentenced to 14 years imprisonment with hard labour and 24 lashes. Three co-accused were also convicted. The complainant and his schoolboy grandson testified that the appellant was one of the robbers and took an active part. The complainant stated he knew the appellant and recognised him during the robbery. The complainant testified he reported the matter to his local chief the day after the robbery, but the chief was not called as a witness. An African sub-inspector of police testified that when he visited the complainant four days after the robbery, the complainant gave him three names of assailants, which did not include the appellant's name. On first appeal to the High Court, the convictions of the third and fourth accused were quashed, but the appellant's conviction was upheld. The appellant then appealed to the Court of Appeal.

Issues

  1. Whether the convicting magistrate's failure to consider evidence that the complainant did not initially name the appellant to police constituted a material non-direction requiring reconsideration.
  2. Whether the Court of Appeal could remit a case on second appeal to the High Court for reconsideration of a point not taken in the first appeal.

Orders

  • Case remitted to the High Court of Uganda for reconsideration of the appeal in light of the Court of Appeal's judgment.
  • The learned Chief Justice to reconsider his judgment on first appeal.
  • Appellant to continue serving sentence of imprisonment pending reconsideration.
  • Appellant's counsel to file supplementary memorandum of appeal in the High Court containing the point taken before the Court of Appeal.

Rules and key headnotes

Evidence — First Report — Corroboration — Admissibility under Evidence Ordinance section 155
In cases of serious crime, it is of paramount importance to call evidence as to the nature of the first report made when that evidence is available, as such evidence corroborates a witness's later testimony as to the same facts and is admissible under Evidence Ordinance section 155.
Evidence — Corroboration — First Report — Evidence Ordinance section 155
Under Evidence Ordinance section 155, to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.
Criminal Procedure — Non-direction — Failure to Consider Material Defence Evidence
A magistrate's failure to consider and address in judgment defence evidence contradicting prosecution evidence on a material point constitutes a serious non-direction that may warrant appellate intervention.
Criminal Procedure — Second Appeal — Remittal to First Appellate Court
The Court of Appeal may remit a case on second appeal to the High Court for reconsideration of a point not taken in the first appeal, to enable the first appellate court to consider matters which the Court of Appeal cannot itself determine on a second appeal limited to points of law.

Legislation cited (3)

  • Evidence Ordinance s.155
  • Criminal Procedure Code s.5
  • Criminal Procedure Code s.7

Cases cited (1)

  • R v Godinho (17 EACA 132)

Full judgment

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

Kizito v Reginam (Criminal Appeal 69 of 1955) [1955] EACA 341 (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.