Ogwang James v Uganda
Ogwang James v Uganda (Criminal Appeal No. 511 of 2016) [2020] UGCA 2084 (6 August 2020)
The trial court's failure to read the indictment to the appellant and take his plea before commencing trial was a fundamental procedural error, rendering the entire proceedings a nullity. As a result, the conviction and sentence must be quashed. Considering the appellant's prolonged detention without a valid trial, the interests of justice do not favour a retrial, especially given the uncertainty and delays exacerbated by the Covid-19 pandemic. The court exercised its discretion to stay prosecution, discharge the appellant from the charges, and order his immediate release, as further prosecut…
Source excerpt
- Plea Procedure
- Nullity Of Trial
- Retrial Discretion
- Acquittal Vs Discharge