Wakilii

Rex v Orori (Confirmation Case No. 408 of 1939)

East African Court of Appeal · [1938] EACA 161 · 1938 Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal confirmation case from lower court conviction
Decision
Accused acquitted and discharged; property restored to accused

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Section 296 of the Penal Code does not apply to possession of suspected stolen property in a building. The section's application is restricted to cases where possession is ejusdem generis with conveying, meaning possession in circumstances suggestive of transporting property, such as in public streets. Possession in a house or similar fixed location does not fall within the scope of the offence.

Outcome

Accused acquitted and discharged; property restored to accused

Facts

The accused was convicted under section 296 of the Penal Code for having in his possession property suspected of being stolen or unlawfully obtained. The possession occurred in a building (described as a house or workshop). The accused failed to give a satisfactory account of how he came by the property. The matter came before the Court of Appeal for Eastern Africa on confirmation.

Issues

  1. Whether section 296 of the Penal Code applies to a person having in his possession in a building property suspected of having been stolen or unlawfully obtained.

Orders

  • Conviction and sentence quashed.
  • Accused acquitted.
  • Property the subject of the charge restored to the accused.

Rules and key headnotes

Criminal Law & Procedure — Possession of Suspected Stolen Property — Penal Code s.296 — Scope of Application
Section 296 of the Penal Code, which creates an offence of having in possession or conveying property suspected of being stolen, does not apply to possession in a building or fixed location. Its application is restricted to cases where the possession is ejusdem generis with conveying, meaning possession in circumstances suggestive of transporting property such as in public streets.
Statutory Interpretation — Penal Statutes — Restrictive Construction — Ejusdem Generis Rule
Where a penal statute creates a new offence and uses language modelled on an English statute that has been restrictively interpreted, and where a wide interpretation would lead to far-reaching consequences of an inquisitorial nature, the court will adopt a restrictive construction. The presence of the word 'conveying' alongside 'having in possession' implies that the mischief aimed at is possession in circumstances similar to conveying, not possession in any place or circumstances.
Statutory Interpretation — Penal Statutes — Legislative Intent — Unequivocal Language Required
If the legislature desires to make the possession of property anywhere or in any circumstances suspected of having been stolen an offence upon failure to give a satisfactory account, the intention must be expressed in unequivocal language. A penal statute will not be extended by implication to cover situations not clearly within its terms.

Legislation cited (3)

  • Penal Code s.296
  • 2 and 3 Vic. Cap. 71 s.24
  • 2 and 3 Vic. Cap. 47 s.66

Cases cited (3)

  • Rex v Huku bin Kazega and Others (1931-34) 3 T.T.L.R. 4
  • Rex v M'tirithia s/o M'Khibuto (16 K.L.R. 59)
  • Hadley v Perks (1865-66) L.R. 1 Q.B. 444

Full judgment

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

Rex v Orori (Confirmation Case No. 408 of 1939) [1938] EACA 161 (1 January 1938)
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.