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Rex v Mohamedali (Criminal Appeal No. 100 of 1945)

East African Court of Appeal · [1945] EACA 50 · 1945 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for malicious injury to property
Decision
Conviction upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court of Appeal held that 'wilfully' in s.332(1) of the Kenya Penal Code means deliberately and intentionally, not by accident or inadvertence. Where an accused achieves a result he did not intend but does so in circumstances showing recklessness as to that result, he acts wilfully. The appeal against conviction for wilfully and unlawfully damaging a motor car was dismissed.

Outcome

Conviction upheld

Facts

The appellant was convicted of wilfully and unlawfully damaging a motor car contrary to s.332(1) of the Kenya Penal Code. The appellant struck at a person who was in a motor car and in so doing damaged the car. The appellant appealed his conviction on the ground that he did not act wilfully because he did not intend to damage the car.

Issues

  1. Whether the appellant acted 'wilfully' within the meaning of s.332(1) of the Kenya Penal Code when he struck at a person in a motor car and in so doing damaged the car.

Orders

  • Appeal dismissed.

Rules and key headnotes

Malicious Injury to Property — Meaning of 'Wilfully'
The word 'wilfully' in s.332(1) of the Kenya Penal Code means deliberately and intentionally, not by accident or inadvertence.
Malicious Injury to Property — Recklessness as Wilfulness
Where an accused achieves a result that he did not intend but achieves it in circumstances which show that he was reckless as to that result, he acts wilfully within the meaning of s.332(1) of the Kenya Penal Code.
Interpretation of 'Wilfully' — Distinction from English Malicious Damage Act
Section 332(1) of the Kenya Penal Code, which requires proof of wilfulness and unlawfulness, is different from sections 51 and 52 of the English Malicious Damage Act 1861 and authorities interpreting the latter are not applicable to the former.

Legislation cited (3)

  • Kenya Penal Code s.332(1)
  • Malicious Damage Act 1861 s.51
  • Malicious Damage Act 1861 s.52

Full judgment

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

Rex v Mohamedali (Criminal Appeal No. 100 of 1945) [1945] EACA 50 (1 January 1945)
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.