Wakilii

Rex v Coetzee (Criminal Appeal No. 132 of 1942)

East African Court of Appeal · [1943] EACA 15 · 1943 Appeal Partly Allowed — Sentence Reduced AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction by Supreme Court of Kenya before Judge and Jury
Decision
Conviction upheld; sentence reduced to one year's imprisonment with hard labour

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court of Appeal dismissed the appeal against conviction for defilement under Penal Code s.138, holding that the Crown proved the girl was under sixteen and that the accused failed to prove he actually believed she was sixteen or over, despite evidence of her mature appearance. The Court found that merely thinking the girl looked grown-up without addressing his mind to her exact age was insufficient to discharge the statutory defence. The sentence was reduced from five years to one year imprisonment with hard labour, considering the girl's loose morals, consent, and the accused's good character.

Outcome

Conviction upheld; sentence reduced to one year's imprisonment with hard labour

Facts

The accused was convicted of defilement contrary to Penal Code s.138 after having carnal knowledge of a girl on 25 December 1941. The girl was born on 27 August 1927, making her 14 years and 4 months old at the time of the offence. A certified copy of her birth certificate was admitted as evidence. The accused was the girl's uncle-in-law. The accused testified that he thought the girl was grown-up and did not think about her exact age, stating she was always dressed as a grown-up person. Dr. Bax gave evidence about the girl's mature appearance. The girl was described as a person of loose morals who consented to the act. The accused's Commanding Officer gave him a good character. The trial judge sentenced the accused to five years' imprisonment with hard labour.

Issues

  1. Whether the Crown proved that the girl was under sixteen years of age.
  2. Whether the accused discharged the onus of proving he had reasonable cause to believe the girl was of or above the age of sixteen years.
  3. Whether the accused discharged the onus of proving he did in fact believe the girl was of or above the age of sixteen years.
  4. Whether the trial judge's summing up was adequate in putting the defence to the jury.
  5. Whether the sentence of five years' imprisonment with hard labour was excessive.

Orders

  • Appeal against conviction dismissed.
  • Sentence reduced from five years' imprisonment with hard labour to one year's imprisonment with hard labour.

Rules and key headnotes

Evidence — Documentary Evidence — Birth Certificate — Certified copy as prima facie evidence of age
A certified copy of an entry in the Register of Births is prima facie evidence of the dates and facts therein contained by virtue of the Births and Deaths Registration Ordinance.
Criminal Law — Defilement — Statutory Defence — Burden of proof on accused
Where an accused relies on the proviso to the defilement statute requiring proof of reasonable cause to believe and actual belief that the girl was above the age of consent, the accused bears the burden of proving both elements.
Criminal Law — Defilement — Belief as to age — Requirement of actual belief
To discharge the statutory defence to defilement, an accused must prove not only reasonable grounds for believing the girl was above the age of consent, but also that he did in fact believe she was above that age; merely thinking the girl looked grown-up without addressing one's mind to her exact age is insufficient.
Criminal Procedure — Appeal — Adequacy of summing up — Test for prejudice
When an appellant relies on an omission by the trial judge to put the defence adequately to the jury, the appellant must show that but for the omission it is reasonably probable that the jury would not have returned their verdict.
Criminal Law — Sentencing — Defilement — Mitigating factors
In sentencing for defilement, relevant mitigating factors include the complainant's loose morals and consent, her conduct as a grown-up person, and the accused's good character, which may warrant substantial reduction of sentence.

Legislation cited (2)

  • Penal Code s.138
  • Births and Deaths Registration Ordinance 1928 s.23(4)

Cases cited (1)

  • The King v Banks [1916] 2 KB 621

Full judgment

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

Rex v Coetzee (Criminal Appeal No. 132 of 1942) [1943] EACA 15 (1 January 1943)
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.