Wakilii

Rex v Meghji (Criminal Appeal No. 146 of 1948)

East African Court of Appeal · [1948] EACA 63 · 1948 Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for possession of industrial alcohol without permit
Decision
Appellant's conviction quashed and fine remitted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that conviction on uncorroborated accomplice evidence was not justified. An accomplice who turns King's evidence after conviction rather than before remains tainted with untrustworthiness. Prior conviction of an accomplice is not itself an exceptional circumstance justifying conviction without corroboration. An accused's admission of being on good terms with an accomplice does not supply corroboration by conduct. Appeal allowed and conviction quashed.

Outcome

Appellant's conviction quashed and fine remitted

Facts

The appellant owned a motor-bus and was in charge of it when stopped by police. A tin of methylated spirits was found on the roof. Mohamed Salim, an employee of the appellant, was charged jointly with him, pleaded guilty, and was convicted and sentenced. Salim testified for the prosecution that he carried the tin to the roof at the appellant's request after the appellant purchased it. The Magistrate found Salim to be an accomplice but held exceptional circumstances existed to believe his uncorroborated evidence: Salim had been sentenced and had no motive for false testimony, and the appellant admitted being on good terms with him. The appellant was convicted of possessing industrial alcohol without a permit contrary to regulation 3 of the Defence (Possession of Industrial Alcohol) Regulations, 1945.

Issues

  1. Whether there were exceptional circumstances justifying conviction on the uncorroborated evidence of an accomplice.
  2. Whether the prior conviction and sentencing of an accomplice constitutes an exceptional circumstance removing the need for corroboration.
  3. Whether an accused's admission of being on good terms with an accomplice supplies corroboration by conduct.

Orders

  • Appeal allowed.
  • Conviction quashed.
  • Fine if paid to be remitted.

Rules and key headnotes

Evidence — Accomplice Evidence — Corroboration — Conviction After Turning King's Evidence
Where an accomplice turns King's evidence after conviction rather than before it, the taint of untrustworthiness must still remain and the prior conviction does not constitute an exceptional circumstance justifying conviction without corroboration.
Evidence — Accomplice Evidence — Corroboration by Conduct
An accused's admission of still being on good terms with an accomplice who has testified against him is insufficient to supply corroboration by conduct.
Evidence — Accomplice Evidence — Exceptional Circumstances
The fact that an accomplice has been sentenced and sent to prison does not constitute an exceptional circumstance that removes the need for corroboration of the accomplice's evidence, as motives or expectations may still influence the accomplice's testimony.

Legislation cited (2)

  • Defence (Possession of Industrial Alcohol) Regulations 1945 regulation 3
  • Indian Evidence Act s.133

Cases cited (2)

  • Rex v Haji Mohamed Salehi Mohamed (1933) K.L.R. Vol. XV p. 109
  • Rex v Kichingeri and others 3 E.A.L.R. p. 1

Full judgment

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

Rex v Meghji (Criminal Appeal No. 146 of 1948) [1948] EACA 63 (1 January 1948)
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.