Wakilii

Majelo v Reginam (Criminal Appeal No. 159 of 1956)

East African Court of Appeal · [1956] EACA 576 · 1950 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for murder on two counts by the High Court of Somaliland
Decision
Appellant convicted and sentenced to death on first count; acquitted on second count

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that an omnibus sentence on multiple murder counts without specifying which count is unlawful. Dying declarations are admissible only as evidence of the declarant's own death, not the death of other persons. Statements obtained by police under compulsory questioning without proper caution should ordinarily be rejected. The conviction on the first count (murder of Jama Samakab) was affirmed and sentence of death imposed. The conviction on the second count (murder of Hassan Jama) was set aside as it relied on inadmissible dying declaration evidence.

Outcome

Appellant convicted and sentenced to death on first count; acquitted on second count

Facts

The appellant was tried for the murder of two men, Jama Samakab and Hassan Jama, who were killed at the same time and place. Evidence included footprints and sandals linking the appellant to the scene, and a series of dying declarations made by Jama Samakab before his death. The appellant made a statement to a police superintendent after arrest, denying involvement and claiming an alibi. The statement was recorded in writing but not signed, and no caution was administered. The High Court convicted on both counts and pronounced a single sentence of death without specifying to which count it applied. The appellant appealed.

Issues

  1. Whether an omnibus sentence of death on two murder counts without specifying which count is lawful.
  2. Whether dying declarations by one deceased person are admissible as evidence of the cause of death of another deceased person.
  3. Whether a statement made by an accused person to a police officer under compulsory questioning without caution is admissible in evidence.

Orders

  • Conviction on first count (murder of Jama Samakab) affirmed.
  • Appellant sentenced to death on first count.
  • Conviction on second count (murder of Hassan Jama) set aside.
  • Original sentence quashed.

Rules and key headnotes

Sentencing — Multiple Convictions — Omnibus Sentences
An omnibus sentence is unlawful. For every count on which a conviction is had there must be a separate sentence, and it must be made perfectly clear on the record what has been done.
Dying Declarations — Admissibility — Scope of Evidence
A dying declaration is evidence of the cause of death of the declarant, but cannot ordinarily be evidence of the cause of other persons' deaths. The statement of one dead person is not a relevant fact with respect to the question about the death of another person.
Joinder of Counts — Murder Charges
Other counts, whether for similar or different offences, ought not to be joined with a count of murder or manslaughter.
Statements to Police — Admissibility — Judges Rules — Caution
Courts have a duty to apply the Judges Rules with considerable strictness and to reject statements made under police questioning where an intention to charge has been formed, unless a proper caution has been given. It is contrary to natural justice that statements should be forced from a person whom it has already been decided to charge.
Statements to Police — Voluntariness — Compulsory Questioning
A statement consisting of replies to questions which the person questioned is bound by statute to answer cannot be said to be made voluntarily, even if the person is not unwilling to answer.

Legislation cited (6)

  • Somaliland Criminal Procedure Code s.126
  • Somaliland Criminal Procedure Code s.127
  • Somaliland Criminal Procedure Code s.128(2)
  • Indian Evidence Act s.32(1)
  • Kenya Police Ordinance 1948 s.36(3)
  • Indian Evidence Act 1872

Cases cited (4)

  • Kunwarpal Singh v R (AIR 1948 All 170)
  • Loizeau and another v. R. (supra p. 566)
  • Pakala Narayana v R (66 IA 66)
  • Loizeau and another (Criminal Appeal No. 49 of 1956)

Full judgment

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

Majelo v Reginam (Criminal Appeal No. 159 of 1956) [1950] EACA 576 (1 January 1950)
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.