Uganda v Ojwiya Santo & 4 Others
Uganda v Ojwiya Santo & 4 Others (Criminal Appeal No. 12 of 2017) [2020] UGHC 140 (14 August 2020)
The High Court found that the trial magistrate erred in striking out the count of criminal trespass on grounds of misjoinder, as both criminal trespass and malicious damage to property, though arising from the same transaction, are distinct offences with separate elements and animus. The evidence adduced at trial, including eyewitness testimony, was credible and sufficient to establish a prima facie case against each respondent for both offences. The court clarified that joinder of charges is permissible under Ugandan law where offences are founded on the same facts or form part of a series o…
Source excerpt
- Criminal Trespass
- Malicious Damage To Property
- Joinder Of Charges
- Prima Facie Case
- Common Intention
- Acquittal And Retrial