Rex v Ilula (Criminal Appeal No. 181 of 1941) [1941] EACA 92 (1 January 1941)

## COURT OF APPEAL FOR EASTERN AFRICA

Before Sir Joseph Sheridan, C. J. (Kenya), Sir Henry Webb, C. J. (Tanganyika) and SIR NORMAN WHITLEY, C. J. (Uganda)

## REX, Respondent

## WILSON ILULA, Appellant

## Criminal Appeal No. 181 of 1941

Criminal Procedure—Right of appeal—Criminal Law—Appeal from magistrate exercising extended jurisdiction.

On an appeal from Uganda to this Court from a sentence of imprisonment and corporal punishment imposed by a magistrate exercising extended jurisdiction on a charge of rape.

Held (18-11-41).—(1) That there is no right of appeal to this Court from the sentence imposed by a magistrate exercising extended jurisdiction except in those cases where a death sentence has been confirmed by the High Court.

(2) The proper procedure is to appeal to the High Court.

Appellant absent unrepresented.

Kingsley, Crown Counsel, for the Crown.

JUDGMENT (delivered by SIR JOSEPH SHERIDAN, C. J.).—The appellant was convicted of the offence of rape by a magistrate sitting in the exercise of extended jurisdiction. The conviction and sentence are stated to have been confirmed by the High Court of Uganda. Neither the order, nor a copy of the order of the learned Judge appears to have been forwarded to this Court. This omission, however does not affect our decision which is governed by the decisions of this Court in Rex v. Jwisi s/o Marwa (1933), 15 K. L. R. 97, the headnote to which reads:

"That section 18 of the Criminal Procedure Code does not provide a right of appeal to the Court of Appeal from sentences imposed by a Special Court other than death sentences."

and Rex v. Juma Mayenga (1934), 1 E. A. C. A. 109, the headnote to which reads: -

"That there is a right of appeal to the Court of Appeal for Eastern Africa only in cases where a death sentence has been confirmed by the High Court but that in no other case is there a right of appeal to the Court of Appeal from an order of the High Court exercising its powers in revision on a sentence passed by a Special District Court."

On the authority of these cases, this Court has no jurisdiction to entertain this appeal. In the event of the accused desiring to appeal to the High Court from his conviction assuming that an appeal lies the case is one in which we suggest that the appeal should be accepted out of time owing to the probability of the accused having been misled by the statement of the learned magistrate that he was entitled to appeal direct to this Court. The appeal is rejected.