Uganda v Kyamulesire & Ors (HCT – 01 – CR – CN – 0025 of 2015) [2017] UGHCCRD 47 (30 March 2017)
Court
HC: Criminal Division (Uganda)
Case number
HCT – 01 – CR – CN – 0025 of 2015
Judge
Ojok, J
The High Court dismissed the State’s appeal, holding that the prosecution’s evidence on grievous harm and identification was inconsistent and unreliable.
Babirye & Ors v Uganda (HCT-04-CR-CN-0023/2003) [2008] UGHCCRD 61 (4 September 2008)
Court
HC: Criminal Division (Uganda)
Case number
HCT-04-CR-CN-0023/2003
Judge
Rugadya, J
The High Court allowed a criminal appeal, holding that the prosecution failed to prove identification beyond reasonable doubt and wrongly relied on the defence to fill gaps.
Twehamye Abdul v Uganda (Criminal Appeal No. 49 of 1999) [2000] UGCA 7 (19 May 2000)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 49 of 1999
The Court of Appeal of Uganda dismissed a criminal appeal against a defilement conviction, holding that the evidence was sufficiently corroborated and the sentence was proper.
Katusabe v Uganda (Criminal Appeal 7 of 1991) [1992] UGSC 14 (20 February 1992)
Court
Supreme Court of Uganda
Case number
Criminal Appeal 7 of 1991
Judge
Manyindo, DCJ, Oder, JSC, Platt, JSC
The Supreme Court held that the discrepancies and contradictions in the prosecution witnesses' evidence were minor and did not affect the substance of the case. The trial judge properly considered both prosecution and defence evidence, including the appellant's alibi, and did not misdirect herself on the burden of proof. The circumstantial evidence, particularly the testimony of Oliva and Yowana, was sufficient to infer that the appellant assaulted the deceased, resulting in death. The conviction for manslaughter was therefore upheld. However, the Court found that the sentence of 15 years was…
Tindigwihura v Uganda (Criminal Appeal 9 of 1987) [1990] UGSC 19 (8 January 1990)
Court
Supreme Court of Uganda
Case number
Criminal Appeal 9 of 1987
Judge
Manyindo, DCJ, Oder, JSC, Platt, JSC
The Supreme Court found that the trial judge properly evaluated the evidence, including circumstantial evidence and dying declarations, and correctly found that the appellant was responsible for the deceased's death. The Court held that the minor discrepancies in witness testimony did not go to the root of the prosecution case and were not indicative of deliberate falsehood. The dying declarations were consistent, made to several witnesses, and corroborated by other evidence, including the medical findings and the circumstances of the incident. The Court rejected the appellant's version of ev…
Rex v Tharacithio (Criminal Appeal No. 299 of 1945) [1946] EACA 31 (1 January 1946)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 299 of 1945
Judge
Graham Paul CJ, Sheridan CJ, Whitley CJ
The Court of Appeal upheld a murder conviction based entirely on circumstantial evidence, finding the facts irresistibly pointed to the appellant’s guilt.
Rex v Shija (Criminal Appeal No. 50 of 1945) [1945] EACA 17 (1 January 1945)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 50 of 1945
Judge
Gray CJ, Manning J, Sheridan CJ
The conviction for manslaughter was set aside because the trial judge failed to comply with Section 164 of the Criminal Procedure Code, did not base his finding on evidence presented at trial, and relied on an alleged fact unsupported by the record. The defence witnesses were not challenged or cross-examined by the prosecution, undermining the reliability of the prosecution's case. The assessors believed the appellant's brother was responsible, and the record was insufficient to support the conviction. The appellate court held that, in the absence of proper evidentiary support and procedural…
Rex v Singh (Criminal Appeal No. 176 of 1942) [1943] EACA 20 (1 January 1943)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 176 of 1942
Judge
Sheridan CJ, Whitley CJ, Wilson ACJ
The Court of Appeal upheld a manslaughter conviction, rejecting challenges to witness discrepancies, sentence severity, and the validity of the acting trial judge’s appointment.
Rex v Shah and Another (Cr. App. No. 210/1938) [1939] EACA 97 (1 January 1939)
Court
East African Court of Appeal
Case number
Cr. App. No. 210/1938
Judge
Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ
The Court of Appeal held that the discrepancies in the evidence of the prosecution witnesses regarding time and distance were not sufficient to undermine the overall credibility of their testimony, particularly given the limitations of such witnesses in making accurate estimates. The trial judge was justified in rejecting the unanimous opinion of the assessors, as he provided a full and reasoned judgment and was entitled to form his own view of the evidence. The accused's failure to report the incident to the police immediately, despite claiming to have found the deceased wounded, was a signi…
Rex v Karanja (Cr. App. 126/1933.) [1937] EACA 74 (1 January 1937)
Court
East African Court of Appeal
Case number
Cr. App. 126/1933.
Judge
Abrahams CJ, Ag P (Uganda), Horne J, Lucie-Smith Ag CJ (Kenya)
The Court held that a trial judge cannot rely on facts not proved at trial, and reduced the conviction from murder to manslaughter with five years’ imprisonment.