Wakilii

Rex v Omolo (Revision Case No. 177 of 1940)

East African Court of Appeal · [1940] EACA 42 · 1940 Revision Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision from magistrate's special finding under section 159 Criminal Procedure Code
Decision
Special finding set aside and matter remitted to magistrate for retrial according to law; accused remanded in custody

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A special finding under section 159 of the Criminal Procedure Code that an accused was insane so as not to be responsible for his actions must be based on evidence duly recorded at trial. A defence of insanity must be proved like any other defence, with the burden of proof on the accused under section 12 of the Penal Code. The special finding was set aside and the case remitted for retrial where the accused had pleaded drunkenness and the prosecutor added that he 'probably did not know what he was doing', but no evidence was heard.

Outcome

Special finding set aside and matter remitted to magistrate for retrial according to law; accused remanded in custody

Facts

The accused was charged on two counts of assault causing actual bodily harm contrary to section 229 of the Penal Code. He pleaded that it was true he did it but he was so drunk that he was totally unable to say what he was doing. The Court prosecutor accepted the pleas and added that the man ran amok and probably did not know what he was doing. Without hearing any evidence, the magistrate recorded a special finding of guilty but insane under section 159 of the Criminal Procedure Code, remanded the accused, and reported the case to the Governor. The case came before the court on revision.

Issues

  1. Whether a special finding of guilty but insane under section 159 of the Criminal Procedure Code can be made without evidence being heard and duly recorded.
  2. Whether a plea of drunkenness coupled with a prosecutor's statement that the accused 'ran amok and probably did not know what he was doing' constitutes sufficient evidence for a special finding of insanity.

Orders

  • Special finding set aside.
  • Case remitted to the magistrate for retrial according to law.
  • Accused remanded in custody.

Rules and key headnotes

Criminal Procedure — Special Finding of Insanity — Evidentiary Requirements
A special finding under section 159 of the Criminal Procedure Code that an accused was insane so as not to be responsible for his actions at the time the offence was committed must be based on evidence duly recorded at trial.
Criminal Procedure — Defence of Insanity — Burden of Proof
Section 12 of the Penal Code places the burden of proof in a defence of insanity on the accused who pleads it, and such a defence must be proved just as any other defence.
Evidence — Burden of Proof — Insanity Defence
A plea of drunkenness coupled with a prosecutor's statement that the accused 'probably did not know what he was doing' does not constitute evidence sufficient to support a special finding of insanity under section 159 of the Criminal Procedure Code.

Legislation cited (4)

  • Criminal Procedure Code s.159
  • Penal Code s.229
  • Penal Code s.12
  • Indian Evidence Act s.105

Full judgment

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

Rex v Omolo (Revision Case No. 177 of 1940) [1940] EACA 42 (1 January 1940)
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.