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Criminal Law [2024] UGCA 68

Kawunde & 2 Others v Uganda

Kawunde & 2 Others v Uganda (Criminal Appeal 468 of 2020) [2024] UGCA 68 (26 March 2024)

Court
Court of Appeal of Uganda
Case number
Criminal Appeal 468 of 2020
Judge
Buteera, DCJ, Gashirabake, JA, Kihika ,JA

The Court found that the prosecution failed to adduce corroborative evidence placing the 2nd and 3rd Appellants at the scene or proving their participation in the torture and abduction of the victim. The only evidence implicating them was an uncorroborated statement by PW6, which was inconsistent with her police statement and required corroboration. The defence of alibi raised by the 3rd Appellant was not disproved by the prosecution, and the evidence of other witnesses supported the Appellants' non-participation. Accordingly, the convictions of the 2nd and 3rd Appellants were quashed and the…

Source excerpt

  • Abduction With Intent To Murder
  • Aggravated Torture
  • Defence Of Alibi
  • Sentencing Principles
  • Evaluation Of Evidence
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Criminal Law [2024] UGCA 69

Kawunde & 2 Others v Uganda

Kawunde & 2 Others v Uganda (Criminal Appeal 468 of 2020) [2024] UGCA 69 (26 March 2024)

Court
Court of Appeal of Uganda
Case number
Criminal Appeal 468 of 2020
Judge
Buteera, DCJ, Gashirabake, JA, Kihika ,JA

The Court of Appeal found that the conviction of the 2nd and 3rd appellants was based on uncorroborated evidence, as the only testimony implicating them was not supported by other evidence or their own statements. The prosecution failed to place them at the scene or prove their participation beyond reasonable doubt, and the 3rd appellant's alibi was not disproved. Accordingly, their convictions were quashed and they were acquitted. Regarding the 1st appellant, the court found that the trial judge's sentence did not sufficiently consider mitigating factors such as the guilty plea and time spen…

Source excerpt

  • Abduction With Intent To Murder
  • Aggravated Torture
  • Evaluation Of Evidence
  • Defence Of Alibi
  • Sentencing Principles
Read case analysis

About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.