Wakilii

Rex v Sija and Another (Ct. Apps - Nos. 141 & 142 of 1938.)

East African Court of Appeal · [1938] EACA 143 · 1938 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeals from convictions for murder by the High Court of Zanzibar
Decision
Convictions for murder upheld; appellants remain convicted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that the retirement of assessors to consider their opinions is neither illegal nor irregular provided the judge obtains and records each assessor's individual opinion. The Court further held that when an accused person elects to give evidence on oath at a preliminary inquiry, such evidence need only be recorded in the same manner as any other witness and does not require certification as prescribed for unsworn statements. The appeals were dismissed.

Outcome

Convictions for murder upheld; appellants remain convicted

Facts

The two appellants were convicted of murder by the High Court of Zanzibar sitting with two assessors. After the summing up, the assessors retired to consider their opinions before delivering them. At the preliminary inquiry, both appellants had elected to give evidence on oath after receiving the statutory warning. Their evidence was recorded and signed by the magistrate but not certified. This evidence was admitted at trial under section 288 of the Criminal Procedure Decree. The appellants admitted being present at the victim's house on the night of the murder. The victim received seventeen serious wounds and two superficial injuries. A bush knife and crow-bar, both stained with human blood, were found at the scene. Clothes stained with human blood were found in both appellants' houses. Ibrahim Maganga admitted striking the victim with a bush knife. Both appellants spent the night together after the murder.

Issues

  1. Whether the retirement of assessors to consider their opinions after summing up constitutes an illegality vitiating the trial proceedings.
  2. Whether evidence given on oath by an accused person at a preliminary inquiry must be certified in the manner prescribed for an unsworn statement in order to be admissible at trial.

Orders

  • Appeals dismissed.

Rules and key headnotes

Criminal Procedure — Trial with Assessors — Retirement to Consider Opinions
The retirement of assessors to consider their opinions after summing up is neither illegal nor irregular provided that after retirement the judge obtains the individual opinion of each assessor and records it.
Evidence — Admissibility — Accused's Evidence at Preliminary Inquiry
When an accused person elects to give evidence on oath at a preliminary inquiry, his evidence need only be recorded in the same manner as the evidence of any other witness and it is not necessary that it should be certified in the manner prescribed for an unsworn statement by the accused.
Criminal Procedure — Preliminary Inquiry — Distinction Between Statement and Evidence on Oath
The legislature discriminates between an unsworn statement and evidence on oath given by an accused person at a preliminary inquiry; the former requires certification under the Criminal Procedure Decree while the latter does not.
Criminal Procedure — Assessors — Consultation During Adjournments
Assessors may exchange views during the course of a trial and during ordinary adjournments, and such consultation does not constitute an illegality vitiating the proceedings.

Legislation cited (6)

  • Zanzibar Criminal Procedure Decree s.182
  • Zanzibar Criminal Procedure Decree s.211
  • Zanzibar Criminal Procedure Decree s.212
  • Zanzibar Criminal Procedure Decree s.218
  • Zanzibar Criminal Procedure Decree s.288
  • Zanzibar Criminal Procedure Decree s.304

Cases cited (6)

  • Rex v Assa Singh (4 E.A.C.A. 41)
  • Rex v Hashimu (1 E.A.C.A. 79)
  • Rex v Kitunza bin Kasinde (4 E.A.C.A. 60)
  • Rex v Mutwiwa s/o Maingi (2 E.A.C.A. 66)
  • 24 Madras 523
  • In re Sennimalai Goundan and others (A.I.R. 1915 Madras 1036)

Full judgment

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

Rex v Sija and Another (Ct. Apps - Nos. 141 & 142 of 1938.) [1938] EACA 143 (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.