Uganda Case Law

Ndahura v Uganda

Ndahura v Uganda (Criminal Appeal 31 of 1991) [1993] UGSC 36 (5 May 1993)

Court

Supreme Court of Uganda

Case number

Criminal Appeal 31 of 1991

Judge

Manyindo, DCJ, Oder, JSC, Platt, JSC

The Supreme Court found that the conviction for murder was supported by the evidence, including eyewitness testimony, and that the appellant's alibi was false and properly rejected. However, the trial judge erred by determining the appellant's age based solely on observation without evidence, and the prosecution failed to prove the appellant was over 18 at the time of the offence. In the absence of evidence to the contrary, the appellant's claim that he was under 18 should have been accepted. Consequently, the mandatory death sentence could not be imposed, and the appropriate order was detent…

Source excerpt

• Murder
• Age Of Criminal Responsibility
• Sentencing
• Alibi Defence

Rex v Kwesi

Rex v Kwesi (Criminal Appeal No. 140 of 1939) [1940] EACA 9 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 140 of 1939

Judge

Bartley J, Webb CJ, Whitley CJ

The court held that age for the death penalty is assessed at sentencing, not at the time of the offence, and dismissed the appeal.

• Sentencing Of Juveniles
• Death Penalty
• Age Of Criminal Responsibility
• Criminal-law
• Death-penalty
• Juvenile-sentencing