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Rex v Meyerowitz (Criminal Appeal No. 215 of 1947)

East African Court of Appeal · [1947] EACA 53 · 1947 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction by H.M. Supreme Court of Kenya
Decision
Convictions on counts three and four quashed; convictions on counts one, two, five, six and seven upheld; sentences of imprisonment on upheld counts confirmed

Observed later treatment

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Holding

The Court held that an offence under section 309(1) of the Penal Code (obtaining credit by false pretences) cannot be established without proof of intention to defraud. The trial judge's misdirection to the jury that no such intent was required was so serious that the convictions on the two counts of obtaining credit by false pretences could not stand and were quashed. Convictions on the remaining five counts were upheld.

Outcome

Convictions on counts three and four quashed; convictions on counts one, two, five, six and seven upheld; sentences of imprisonment on upheld counts confirmed

Facts

The appellant was charged on seven counts including two counts of obtaining credit by false pretences contrary to section 309(1) of the Penal Code, and five other counts relating to forgery, uttering false documents, and obtaining goods and money by false pretences. During the trial judge's summing-up, the Acting Solicitor General interrupted to submit that on the two counts under section 309(1), there was no necessity to prove intention to defraud. The trial judge accepted this submission and directed the jury accordingly. The jury returned guilty verdicts on all seven counts. The appellant appealed against all convictions.

Issues

  1. Whether an offence under section 309(1) of the Penal Code (obtaining credit by false pretences) requires proof of intention to defraud.
  2. Whether the trial judge's misdirection on the requirement of intent to defraud was sufficiently serious to vitiate the convictions on counts three and four.

Orders

  • Appeal allowed on counts three and four.
  • Convictions and sentences on counts three and four quashed.
  • Omnibus fine of Sh. 500 quashed.
  • Appeal dismissed as regards convictions on counts one, two, five, six and seven.
  • Appeal dismissed as regards sentences of imprisonment on counts one, two, five, six and seven.

Rules and key headnotes

Criminal Law & Procedure — Obtaining Credit by False Pretences — Elements of Offence — Intention to Defraud
There cannot be an offence under section 309(1) of the Penal Code (obtaining credit by false pretences) unless there is an intention to defraud.
Criminal Law & Procedure — Misdirection — Effect on Verdict — Failure to Direct on Essential Element
Where a trial judge misdirects a jury that proof of an essential element of an offence is not required, the misdirection is so serious that the verdict cannot be allowed to stand and must be quashed.
Statutory Interpretation — Penal Statutes — Obtaining Credit by False Pretences — Comparison with English Legislation
Section 309(1) of the Kenya Penal Code is in the same terms as section 13(1) of the Debtors Act 1869, and the authoritative interpretation of the English provision applies to the Kenyan provision.

Legislation cited (5)

  • Penal Code (Kenya) s.309(1)
  • Penal Code (Kenya) s.344
  • Penal Code (Kenya) s.347
  • Penal Code (Kenya) s.306
  • Debtors Act 1869 s.13(1)

Cases cited (1)

  • Rex v Muirhead (1 C.A.R. 189)

Full judgment

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

Rex v Meyerowitz (Criminal Appeal No. 215 of 1947) [1947] EACA 53 (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.