Wakilii

Rex v Loibori (Criminal Appeal No. 270 of 1948)

East African Court of Appeal · [1949] EACA 21 · 1949 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for robbery with violence by the High Court of Tanganyika
Decision
Conviction for robbery with violence upheld

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 robbery with violence. The identification evidence was sufficient, supported by an identification parade and physical description matching the appellant. The alibi defence failed. However, the Court observed that specimen information forms stating only a vast territorial area as the place of offence may not comply with the Criminal Procedure Code requirement to indicate place with reasonable clearness.

Outcome

Conviction for robbery with violence upheld

Facts

The appellant was convicted of robbery with violence. The complainant was robbed at night but identified the appellant at an identification parade. The complainant had opportunity to recognize his assailant during a hand-to-hand struggle with car lights on. The complainant's description included reference to a physical peculiarity of the eyes consistent with the appellant's squint. The appellant claimed he was in Moshi, 50 miles away, on the date of the offence. His alibi witness failed to corroborate his presence in Moshi on the material date. Prosecution evidence established the appellant was in his native village of Kichenga, within walking distance of the crime scene, just before and after the offence date.

Issues

  1. Whether the information complied with the requirements of sections 135 and 138(f) of the Criminal Procedure Code in describing the place of the offence.
  2. Whether the identification evidence was sufficient to sustain the conviction for robbery with violence.
  3. Whether the appellant's alibi defence raised reasonable doubt as to his presence at the scene of the crime.

Orders

  • Appeal dismissed.

Rules and key headnotes

Criminal Procedure — Informations — Particulars of Place — Sufficiency of Territorial Description
A reference in an information to a vast territorial area such as an entire province may not indicate with reasonable clearness the place at which an accused person allegedly committed an offence, as required by sections 135 and 138(f) of the Criminal Procedure Code, notwithstanding compliance with specimen forms in the Second Schedule.
Evidence — Identification — Night-time Robbery — Opportunity to Observe
Identification evidence may be sufficient to sustain a conviction where the complainant had adequate opportunity to observe the accused during a hand-to-hand struggle with car lights illuminating the scene, and the identification is corroborated by a properly conducted identification parade and matching physical description.
Evidence — Alibi — Burden on Accused — Difficulties of African Witnesses with Dates
While it is recognized that African witnesses may have difficulty furnishing satisfactory alibi evidence due to limited conception of dates, an alibi defence fails where the corroborating witness cannot support the accused's assertion of presence at another location on the material date and prosecution evidence establishes the accused's presence near the crime scene.

Legislation cited (4)

  • Penal Code s.285
  • Criminal Procedure Code s.135
  • Criminal Procedure Code s.138(f)
  • Criminal Procedure Code Second Schedule

Full judgment

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

Rex v Loibori (Criminal Appeal No. 270 of 1948) [1949] EACA 21 (1 January 1949)
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.