Wakilii

Lengobe and Another v Rex (Criminal Appeals Nos. 90 and 91 of 1951)

East African Court of Appeal · [1951] EACA 193 · 1951 Appeals Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeals from conviction for murder by First Class subordinate Court exercising special jurisdiction in Northern Province, Kenya
Decision
Appellants' convictions for murder upheld; matter noted for inquiry into appellants' ages before sentence execution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Appeals against murder convictions dismissed. The Court held that section 318 Criminal Procedure Code requires a judge to give judgment after recording assessors' opinions with reasonable despatch, not ten months later. However, the delay caused no prejudice to the appellants beyond extended custody. The trial Magistrate's findings on causation of death, rejection of provocation defence, and inference of shared intention to cause grievous bodily harm were unexceptionable.

Outcome

Appellants' convictions for murder upheld; matter noted for inquiry into appellants' ages before sentence execution

Facts

Two young men were tried for murder before a First Class subordinate Court in Northern Province, Kenya. The trial concluded on 20 June 1950 with evidence taken and assessors' opinions recorded. The Magistrate did not deliver judgment until 20 April 1951, a delay of ten months. During this period, the Magistrate investigated rumours that the deceased, Narriman, was still alive. The Magistrate ultimately convicted both accused, finding that the deceased died from injuries inflicted by the appellants, that provocation was not available as a defence, and that the appellants shared a common intention to cause at least grievous bodily harm.

Issues

  1. Whether the trial Magistrate erred in deferring judgment for ten months after conclusion of evidence and recording of assessors' opinions.
  2. Whether the convictions for murder were properly founded on the evidence.

Orders

  • Appeals dismissed.
  • Convictions for murder upheld.

Rules and key headnotes

Criminal Procedure — Judgment — Timing of Delivery After Assessors' Opinions
Section 318 Criminal Procedure Code requires that a judge give judgment after recording the opinions of assessors with reasonable despatch, meaning if not immediately then at least without undue delay.
Criminal Procedure — Judgment — Magistrate's Duty to Decide on Evidence Before Court
A trial Magistrate must come to a decision on the evidence before the court even where rumours suggest facts contrary to the prosecution case; any further investigation is a matter for the Magistrate in a separate administrative or police capacity.
Murder — Age of Accused — Evidence Required Before Sentence of Death
Where accused persons appear to be very young, evidence as to their age should be taken at trial before sentence of death is passed.

Legislation cited (2)

  • Criminal Procedure Code s.318(1)
  • Criminal Procedure Code s.318(2)

Full judgment

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Lengobe and Another v Rex (Criminal Appeals Nos. 90 and 91 of 1951) [1951] EACA 193 (1 January 1951)
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.