Wakilii

Shah and Another v Regina (Criminal Appeals Nos. 336 and 337 of 1952)

East African Court of Appeal · [1952] EACA 289 · 1952 Appeals Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeals from conviction by First Class Magistrate's Court at Nairobi
Decision
Appellants' convictions upheld; fines and licence cancellation order confirmed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Appeals against conviction dismissed. The Court held that while the Crown failed to prove partnership beyond reasonable doubt, the allegation of partnership was mere surplusage and did not require proof. The first appellant actually made the illegal sale and the second appellant abetted him, making both liable under regulation 11(1) of the Defence (Control of Prices) Regulations 1945. The fines imposed were not excessive given previous convictions for similar offences.

Outcome

Appellants' convictions upheld; fines and licence cancellation order confirmed

Facts

The two appellants were convicted of selling sugar at a price exceeding the permitted controlled price at the African Ration and Cutlery Store in Nairobi. The charge alleged they were partners in the firm. A third accused pleaded guilty. The witness Mashek purchased sugar from the store and was charged an excessive price. Both appellants were present in the shop during the sale. When a price inspector entered immediately after the sale, both appellants denied selling sugar. The second appellant obstructed the inspector's entry. Both appellants had previous convictions for similar offences.

Issues

  1. Whether the Crown proved beyond reasonable doubt that the appellants were partners in the firm as alleged in the charge.
  2. Whether the allegation of partnership in the charge was mere surplusage that did not require proof.
  3. Whether each appellant personally participated in the illegal sale of sugar at an excessive price.
  4. Whether the sentences imposed were excessive.

Orders

  • Appeals against conviction dismissed.
  • Fines of Sh.1,500 with six months in default upheld for each appellant.
  • Additional fines of Sh.122/45 with one month in default upheld for each appellant.
  • Order cancelling trading licence for two years upheld.

Rules and key headnotes

Evidence — Partnership — Proof of partnership — Licence applications signed by third party
Where licence application forms purporting to name persons as partners are signed by a third party who pleaded guilty, those forms cannot constitute evidence against the named persons to prove partnership.
Criminal Law & Procedure — Charges — Surplusage — Allegation not requiring proof
An allegation in the particulars of a criminal charge that accused persons are partners is mere surplusage which does not require to be proved to establish the charge and can be rejected.
Criminal Law & Procedure — Price control offences — Personal participation — Liability without proof of partnership
Where accused persons are not proved to be partners, each must be proved to have personally participated in an illegal sale under price control regulations, either as principal or as aider and abettor.
Criminal Law & Procedure — Aiding and abetting — Presence and conduct indicating complicity
Where two persons are present in a small shop during an illegal sale, and both immediately deny the sale to an inspector and one obstructs the inspector's entry, there is sufficient evidence that the person who did not directly effect the sale was abetting the other and is equally liable under section 22(c) of the Penal Code.

Legislation cited (4)

  • Defence (Control of Prices) Regulations 1945 reg.11(1)
  • Defence (Control of Prices) Regulations 1945 reg.25
  • Traders Licensing Ordinance No.11 of 1951 s.5
  • Penal Code s.22(c)

Cases cited (1)

  • Rex v Barraclough (1906) 1 KB 201

Full judgment

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

Shah and Another v Regina (Criminal Appeals Nos. 336 and 337 of 1952) [1952] EACA 289 (1 January 1952)
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.