Wakilii

Rex v Nandrup (Criminal Appeal No. 239 of 1944 (Case Stated))

East African Court of Appeal · [1945] EACA 60 · 1945 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Case stated at the request of the Attorney General following acquittal of a European accused by a First Class Magistrate
Decision
Acquittal set aside and proceedings declared a nullity, leaving the Crown free to take further action

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The trial of a European by a magistrate under section 219 of the Criminal Procedure Code can only take place after the case has been inquired into in accordance with the procedure relating to preliminary inquiries. A magistrate who proceeds directly to charge a European accused without first conducting a preliminary inquiry acts without jurisdiction. The acquittal entered following such incorrect procedure is a nullity.

Outcome

Acquittal set aside and proceedings declared a nullity, leaving the Crown free to take further action

Facts

A European was brought before the First Class Magistrate at Thika charged on three counts with theft by a servant. Instead of commencing proceedings as a preliminary inquiry as required by law, the magistrate proceeded to charge the accused. Upon the accused pleading not guilty, prosecution witnesses were heard. At the close of the Crown case, the magistrate acquitted the accused on all three counts without putting him on his defence, upholding a submission that there was no case to answer. The Attorney General requested a case stated on the correctness of the procedure followed.

Issues

  1. Whether the procedure followed by the magistrate in trying a European accused was correct having regard to the provisions of Part VII of the Criminal Procedure Code.

Orders

  • Question 2 answered in the negative.
  • Acquittal set aside.
  • Proceedings declared a nullity.
  • Crown left open to take any further action considered desirable.

Rules and key headnotes

Trial of Europeans — Mandatory Preliminary Inquiry Procedure
The trial of a European under section 219 of the Criminal Procedure Code can only take place after the case has been inquired into in accordance with the procedure relating to preliminary inquiries under Part VII of the Criminal Procedure Code.
Preliminary Inquiry — Effect of Insufficient Evidence
Where a magistrate conducting a preliminary inquiry decides at the close of prosecution evidence that the evidence is not sufficient to put the accused on trial, the magistrate cannot acquit the accused but may only discharge the accused under section 235 of the Criminal Procedure Code, and such discharge does not bar a subsequent charge in respect of the same facts.
Jurisdiction — Nullity of Proceedings Conducted Without Jurisdiction
Where a magistrate proceeds to try a European accused without first conducting the mandatory preliminary inquiry, the magistrate acts without jurisdiction and any acquittal entered is a nullity which may be set aside, leaving the Crown free to take further action.

Legislation cited (4)

  • Criminal Procedure Code s.218
  • Criminal Procedure Code s.219
  • Criminal Procedure Code s.235
  • Criminal Procedure Code Part VII

Full judgment

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

Rex v Nandrup (Criminal Appeal No. 239 of 1944 (Case Stated)) [1945] EACA 60 (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.