Uganda Case Law

Uganda v Namsamba

Uganda v Namsamba (Criminal Sessions Case No. 0152 of 2015) [2018] UGHCCRD 35 (8 February 2018)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Sessions Case No. 0152 of 2015

Judge

Stephen Mubiru, J

The prosecution failed to prove beyond reasonable doubt that the accused caused the death of the deceased by an unlawful act, as causation was not established with moral certainty and medical evidence was lacking. Consequently, the accused was acquitted of murder. However, the facts proved during trial established all essential ingredients of the offence of torture under section 4(1) of The Prevention And Prohibition of Torture Act, 2012. The accused intentionally participated in inflicting severe pain and suffering on the deceased, a child, by providing sticks used for corporal punishment an…

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• Murder Charge
• Torture Offence
• Accessory Liability
• Sentencing Guidelines
• Child Protection
• Remand Credit

Uganda v Kapere & Ors

Uganda v Kapere & Ors (Criminal Case No. 0068 of 2014) [2016] UGHCCRD 50 (18 August 2016)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Case No. 0068 of 2014

Judge

Stephen Mubiru, J

The court found that while the offence of murder is grave and punishable by death, the circumstances did not warrant the maximum penalty. The absence of extremely grave circumstances as specified in the sentencing guidelines justified discounting the death penalty. The court considered both aggravating factors (the youth of the victim, careful planning, and impact on the family) and mitigating factors (the accused's accessory role, first offender status, willingness to plead guilty, and youth). The sentencing guidelines prescribe a starting point of 35 years, but the plea agreement, mitigatin…

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• Murder
• Sentencing Guidelines
• Plea Bargain
• Mitigation And Aggravation
• Accessory Liability

Rex v Selemani and Another

Rex v Selemani and Another (Criminal Appeals Nos. 134 and 135 of 1947) [1947] EACA 34 (1 January 1947)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 134 and 135 of 1947

Judge

Edwards CJ, Graham Paul CJ, Nihill P

The Court of Appeal for Eastern Africa upheld one murder conviction from a joint burglary but quashed the other, holding burglary alone did not make both men liable for murder.

• Murder Liability
• Joint Criminal Enterprise
• Burglary
• Accessory Liability
• Criminal-law
• Murder-liability

Rex v Wandingombe and Others

Rex v Wandingombe and Others (Criminal Appeals Nos: 192, 193 and 194 of 1940) [1941] EACA 97 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos: 192, 193 and 194 of 1940

Judge

Sheridan CJ, Webb CJ, Whitley CJ

The Court of Appeal for Eastern Africa held that a co-accused’s confession under section 30 of the Indian Evidence Act may be considered as evidence, but should not alone ground conviction without corroboration.

• Confession Of Co Accused
• Corroboration
• Murder
• Instigation
• Accessory Liability
• Criminal-law