Wakilii

Rex v Jesang (Criminal Appeal No. 253 of 1946)

East African Court of Appeal · [1947] EACA 18 · 1947 Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction by Resident Magistrate, Mombasa, following unsuccessful appeal to Supreme Court of Kenya
Decision
Accused acquitted and discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A conviction under Regulation 13(3) of the Defence (Control of Prices) Regulations, 1945 against an occupier of premises requires proof that an offence was committed under Regulation 13(1). The prosecution must prove both that the goods found on the premises belonged to the alleged owner and that the owner contravened Regulation 13(1) by storing or permitting storage without permission. Where the magistrate rejected the accused's explanation but failed to make the necessary findings, the conviction cannot stand.

Outcome

Accused acquitted and discharged

Facts

A Price Inspector searched the shop of Dharamshi Jesang, a trader in piece goods and native trade goods, and found four bags of sugar weighing 224 pounds each in a room at the back of the premises on 22 August 1945. Jesang had no permission from the Price Controller to possess the sugar. His explanation was that the sugar had been left with him for temporary safe keeping by another trader, Gulabkhan Bros, because a lorry was overloaded. The Resident Magistrate disbelieved this explanation and convicted Jesang of permitting storage of rationed goods without permission, contrary to Regulation 13(3) of the Defence (Control of Prices) Regulations, 1945. He was sentenced to six months hard labour and a fine of Sh. 2,000 with three months hard labour in default. The Supreme Court dismissed his first appeal.

Issues

  1. Whether a conviction under Regulation 13(3) of the Defence (Control of Prices) Regulations, 1945 requires proof that an offence was committed under Regulation 13(1).
  2. Whether the prosecution proved that the goods found on the accused's premises belonged to Gulabkhan Bros and were stored in contravention of Regulation 13(1).

Orders

  • Appeal allowed.
  • Conviction and sentence quashed.
  • Accused acquitted.
  • Fine, if paid, ordered to be refunded.

Rules and key headnotes

Emergency Legislation — Defence (Control of Prices) Regulations — Elements of Offence Under Regulation 13(3)
Before a conviction can be had against an accused person as an occupier of premises under Regulation 13(3) of the Defence (Control of Prices) Regulations, 1945, it must first be proved that an offence has been committed under Regulation 13(1).
Emergency Legislation — Prosecution Under Regulation 13(3) — Burden of Proof
To secure a conviction against an occupier under Regulation 13(3), the prosecution must prove not only that goods were found on the accused's premises but that the owner of those goods stored or permitted them to be stored in contravention of Regulation 13(1).
Emergency Regulations — Construction of Regulation 13(3) in Relation to Regulation 13(1)
Regulation 13(3) cannot be successfully invoked unless it has been proved that an offence was committed under Regulation 13(1), as the liability of the occupier is derivative and depends upon the primary offence by the owner of the goods.

Legislation cited (2)

  • Defence (Control of Prices) Regulations, 1945 Regulation 13(1)
  • Defence (Control of Prices) Regulations, 1945 Regulation 13(3)

Full judgment

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

Rex v Jesang (Criminal Appeal No. 253 of 1946) [1947] EACA 18 (1 January 1947)
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.