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Agaba & Ors v Uganda (Criminal Appeal No. 12/99) [2002] UGHCCRD 22 (19 February 2002)
- Citation
- [2002] UGHCCRD 22
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- HC: Criminal Division (Uganda)
- Panel
- Mugamba, J
- Case number
- Criminal Appeal No. 12/99
- Language
- English
More details
- Court
- HC: Criminal Division (Uganda)
- Panel
- Mugamba, J
- Case number
- Criminal Appeal No. 12/99
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that although the appellants were not directly implicated in the commission of malicious damage to property, the evidence established their participation in planning and inciting the commission of the offence. Under section 143 of the Magistrates' Courts Act, the trial court was justified in convicting them of a minor cognate offence, namely conspiracy and incitement to commit malicious damage to property. The appeal was found to have no merit and was dismissed.
Court disposition
appeal dismissed
Orders
- The appeal is dismissed.
- Right of appeal explained to the appellants.
02
Material facts
Parties
Agaba A.
Appellant Counsel: Mr. KasirivuBaja D.
Appellant Counsel: Mr. KasirivuKanyamunyu
Appellant Counsel: Mr. KasirivuKamwegyema
Appellant Counsel: Mr. KasirivuKabigumira
Appellant Counsel: Mr. KasirivuUganda
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
- 01
Whether the appellants could be convicted for conspiracy and incitement to commit malicious damage to property despite not being directly implicated in the commission of the offences.
- 02
Whether the lower court was correct in convicting the appellants of a minor cognate offence under section 143 of the Magistrates' Courts Act.
Party arguments
- Applicant
- Counsel for the appellants argued that there is no cognate offence of conspiracy to damage property and that the appellants were not directly implicated in the commission of the charged offences. The evidence only showed their participation in planning or incitement, not direct involvement.
- Respondent
- The respondent maintained that the appellants attended a meeting where plans to damage the complainants' property were discussed, and that this constituted sufficient evidence for conviction of malicious damage to property or a minor cognate offence under the law.
05
Court’s reasoning
Legal principles
- 01
Section 143 of the Magistrates' Courts Act
A person charged with an offence may be convicted of a minor cognate offence if facts proved reduce the charge to such an offence.
- 02
Section 23(2) of the Penal Code Act
Conspiracy and incitement to commit an offence can attract criminal liability even if the accused is not directly implicated in the commission of the substantive offence.
06
Ratio, limits and disposition
Ratio decidendi
The court held that although the appellants were not directly implicated in the commission of malicious damage to property, the evidence established their participation in planning and inciting the commission of the offence. Under section 143 of the Magistrates' Courts Act, the trial court was justified in convicting them of a minor cognate offence, namely conspiracy and incitement to commit malicious damage to property. The appeal was found to have no merit and was dismissed.
Court disposition
appeal dismissed
- The appeal is dismissed.
- Right of appeal explained to the appellants.
Source and reliance status
HC: Criminal Division (Uganda)
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
HC: Criminal Division (Uganda)
Judgment
THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KABALE
CRIMINAL APPEAL NO. 12/99
(Arising out of Kabale Cr. Case No. 161/1998)
A1 AGABA A.
A2 BAJA D.
A3 KANYAMUNYU
A4 KAMWEGYEMA
A5 KABIGUMIRA…………………………………………………. APPLICANTS
VERSUS
UGANDA…………………………………………………………….. RESPONDENT
BEFORE: THE HON. JUSTICE P. MUGAMBA
JUDGMENT
The appellants herein were charged before the Chief Magistrate’s
Court at Kabale with four counts namely malicious damage to property, contrary to section 315(1) of the Penal Code, store braking, contrary to section 284 of the Penal Code, theft, contrary to sections 245(1) and 252 of the Penal Code. The Grade 1 Magistrate who convicted them made the following observations prior to conviction:
‘it is evident from the above analysis that none of the accused can be directly implicated with commission of any of the above charges. What is on record and what can be proved against them is that they were participants in inciting into the commission of the said crimes either at planning level or even directly.
S. 143 of the Magistrates’ Courts Act provides that when a person is charged with an offence and facts are proved which reduce it to a minor cognate offence, he or she may be convicted of the minor offence although he was not charged with it.
In this instant case the accused conspired and incited the commission of the offence of malicious damage to property of Byaruhanga Boniface and Byaruhanga Matias to section 23(2) of the Penal Code Act and I hereby convict them accordingly.
It was contended by counsel for the appellants that there is no cognate offence of conspiracy to damage property. From the text quoted above it should be clear that the lower court found the offences of malicious damage to property since there was evidence of the appellants having attended a meeting where plans to damage the complainants’ property were discussed.
Consequently, I find no merit in this appeal and I dismiss it.
19/02/2002
Mr. Kasirivu for the appellants
Appellants in Court
State Attorney absent
Mr. Turyamuboona Court Clerk.
Court: Judgment read in open Court.
Right of appeal explained.
P. Mugamba
Judge
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