Wakilii

Regina v Jamal (Criminal Appeal No. 115 of 1955)

East African Court of Appeal · [1955] EACA 351 · 1955 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Crown appeal from High Court judgment quashing convictions entered by District Court
Decision
Conviction on count two restored; respondent to serve sentence of imprisonment imposed by District Court

Observed later treatment

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Holding

The Court of Appeal held that on first appeal in criminal matters, the onus is on the appellant to show the trial court's findings were unreasonable or unsupported by evidence. The Court has power to restore a conviction quashed on first appeal in the clearest cases. Intent to defraud is an essential element of obtaining goods by false pretences but need not be expressly found where it can be inferred from facts. To defraud means to deprive by deceit; inducing someone to give up immediate payment for deferred payment by false pretence constitutes fraud regardless of hope to pay later. Conviction on second count restored.

Outcome

Conviction on count two restored; respondent to serve sentence of imprisonment imposed by District Court

Facts

The respondent was convicted by the District Court of Lindi on two counts: theft as bailee and obtaining goods by false pretences. On the second count, the respondent's company contracted to buy 50 tons of cashew nuts from Ibrahim Ismail on terms 'at sight against documents'. When shown the bill of exchange and shipping documents by the National Bank manager, the respondent falsely represented that the contract terms were '60 days sight documents against acceptance'. The bank manager allowed the respondent to alter the bill and handed over the shipping documents. The respondent's company banker gave assurance the bill would be honoured. The bill was dishonoured and the bank was not paid, the company having been liquidated. The High Court quashed both convictions, stating the superior court must be reasonably satisfied the conviction was correct before allowing it to stand. The Crown appealed.

Issues

  1. Whether the first appellate Judge misdirected himself on the burden of proof and function of an appellate court in criminal appeals.
  2. Whether the Court of Appeal has power to restore a conviction quashed on first appeal.
  3. Whether an express finding of intent to defraud is required for a conviction under section 302 of the Penal Code for obtaining goods by false pretences.
  4. Whether obtaining time to pay by false pretence constitutes intent to defraud.

Orders

  • Appeal in respect of first count dismissed.
  • Appeal in respect of second count allowed.
  • Conviction and sentence imposed by District Court of Lindi on second count restored.
  • Matter remitted to High Court with directions to secure respondent's appearance and commit him to prison to serve sentence.

Rules and key headnotes

Criminal Appeals — Burden of Proof on First Appeal — Standard of Review
On first appeal in a criminal matter, the onus is upon the appellant to show that the findings of the court of first instance were unreasonable or could not be supported having regard to the evidence. It is not sufficient for an appellate court to uphold an appeal merely because the matter is complicated and it feels some doubt; the appellate court must be satisfied that the matter is so complicated and uncertain that the court of trial ought to have felt some doubt about it.
Criminal Appeals — Power of Court of Appeal to Restore Conviction Quashed on First Appeal
The Court of Appeal has power on second appeal to restore a conviction which has been quashed on first appeal, but this power will only be exercised in the clearest cases, such as where the facts found are not consistent with any other reasonable interpretation than one of guilt but the conviction has been quashed because of errors of law in the first appellate court.
Obtaining Goods by False Pretences — Intent to Defraud — Whether Express Finding Required
Whilst an intent to defraud is an essential ingredient of the offence of obtaining goods by false pretences, it is not essential in a clear case that there should be an express finding by the trial court to that effect. The intent may be inferred from the facts. Where money or goods are obtained by pretences that are false, prima facie there is an intent to defraud.
Obtaining Goods by False Pretences — Meaning of 'To Defraud' — Deprivation by Deceit
To defraud is to deprive by deceit, and it is deceit to induce a man to act to his injury. Where a person is induced by a false pretence to give up a right to immediate payment in exchange for a right to payment deferred for a specified period, that person has been defrauded, and it is immaterial that the accused person might have hoped to pay within the said period of time.

Legislation cited (3)

  • Penal Code s.302
  • Penal Code s.273(b)
  • Criminal Procedure Code s.325

Cases cited (7)

  • Fazelabbas Sulemanji and Others v Regina (EACA)
  • R v Gokaldas (1949) 16 EACA 116
  • R v Hammerson (1914) 10 CAR 121
  • R v Bennett and Newton (1913) 9 CAR 146
  • R v Carr (12 CAR 140)
  • R v Naylor (LR 1 CCR 4)
  • R v Hill (173 ER 492)

Full judgment

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

Regina v Jamal (Criminal Appeal No. 115 of 1955) [1955] EACA 351 (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.