Wakilii

Rex v Mdoka and Another (Cr. App. 150-1933.)

East African Court of Appeal · [1937] EACA 79 · 1937 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for murder
Decision
Conviction for murder and sentence of death upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that while an accused person's sworn deposition before a committing magistrate can be used against him at trial, it must be properly proved from custody. The expression 'statement' in section 266 of the Tanganyika Criminal Procedure Code refers to unsworn statements, not evidence on oath. However, the improper admission of the evidence did not disturb the conviction as a substantial prima facie case existed independently.

Outcome

Conviction for murder and sentence of death upheld

Facts

The appellant was convicted of murdering a former mistress and sentenced to death. During the preliminary inquiry, when asked if he had anything to say in answer to the charge, the appellant elected to give evidence on oath before the committing magistrate. At trial, the Crown prosecutor had this sworn statement read before closing the prosecution case. Defence counsel objected to its admission, but the trial judge overruled the objection on the authority of Rex v Boyle. The appellant made no statement at trial and called no witnesses. His counsel suggested only faint provocation in addressing the court.

Issues

  1. Whether evidence on oath given by an accused person before the committing magistrate was wrongly admitted at trial without proof from proper custody.
  2. Whether the exclusion of improperly admitted evidence affects the safety of the conviction.

Orders

  • Appeal dismissed.

Rules and key headnotes

Evidence — Criminal Procedure — Admissibility of Accused's Sworn Deposition
If an accused person gives evidence on oath in his own defence before the committing magistrate, his deposition can be used against him at trial, as established by Rex v Boyle and Rex v Bird.
Criminal Procedure — Statement of Accused — Distinction Between Sworn and Unsworn Statements
The expression 'statement' in section 266 of the Tanganyika Criminal Procedure Code refers to an unsworn statement made in answer to the charge, and not to evidence on oath. The Legislature has discriminated between the method of putting in these two kinds of statement.
Evidence — Proof from Proper Custody — Sworn Depositions
A sworn deposition of an accused person given before a committing magistrate must be produced from proper custody to be admissible at trial, and cannot be admitted without proof merely as a statement under section 266 of the Criminal Procedure Code.
Criminal Appeals — Effect of Improperly Admitted Evidence
Where improperly admitted evidence is excluded but a substantial prima facie case remains independently established at trial, the improper admission does not disturb the propriety of the conviction.

Legislation cited (3)

  • Tanganyika Criminal Procedure Code s.266
  • Tanganyika Criminal Procedure Code s.267
  • Tanganyika Criminal Procedure Code s.211

Cases cited (2)

  • Rex v Boyle (1904) 20 TLR 192
  • Rex v Bird (1898) 15 TLR 26

Full judgment

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

Rex v Mdoka and Another (Cr. App. 150-1933.) [1937] EACA 79 (1 January 1937)
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.