The Supreme Court held that failure to take a fresh plea after amendment of an indictment was not fatal on these facts, and reinstated the trial court convictions.
Rev Father Santos Wapokra v Uganda [2016] UGHCCRD 48 (7 June 2016)
Court
HC: Criminal Division (Uganda)
Judge
Obura, J, Kasule, J
The Court found that the appellant was convicted on an indictment to which he never pleaded, in violation of Section 51(1)(a) of the Trial on Indictments Act and Article 28(3)(b) of the Constitution. The trial was therefore a nullity. The Court considered the seriousness of the offence, the interests of justice, and the principles governing retrials. It concluded that a retrial was warranted rather than a discharge, given the gravity of the allegations and the need for a proper trial. The conviction and sentence were set aside, and a retrial ordered on the basis of an indictment containing on…
Uganda v Ladur (Criminal Session Case 10 of 1990; Criminal Session Case 69 of 1990) [1990] UGHC 28 (11 December 1990)
Court
High Court of Uganda
Case number
Criminal Session Case 10 of 1990 ; Criminal Session Case 69 of 1990
Judges
GM OKELLO, J
The High Court of Uganda convicted Pilimena Ladur of manslaughter on her guilty plea and sentenced her to eight years’ imprisonment after amending a murder charge.
Munyangongo v Uganda (Crim. Appeal No. 135 of 2009) [2011] UGCA 11 (1 March 2011)
Court
Court of Appeal of Uganda
Case number
Crim. Appeal No. 135 of 2009
The Court of Appeal found that the appellant was properly identified at the scene of the crime by two witnesses who knew him well, under favorable conditions of daylight and proximity. The contradictions in witness testimony regarding the appellant's attire were deemed minor and did not affect the overall reliability of the identification. The trial judge's failure to explain the procedural rights under section 51 of the Trial on Indictments Act when amending the indictment was not shown to have caused any substantial miscarriage of justice, as the conviction was based on identification, not…