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Uganda decisions
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Opio and 3 Others v Uganda (Criminal Appeal 291 of 2021; Criminal Appeal 400 of 2019) [2023] UGCA 144 (18 May 2023)
The Court of Appeal quashed convictions and sentences after finding that a second judgment in a concluded murder trial violated double jeopardy and fair-hearing rights.
Hon. Attorney General v Chemorore (Criminal Appeal No. 149 of 1952 (Case Stated)) [1952] EACA 302 (1 January 1952)
The court held that the respondent's reliance on the previous judgment, which found the Provincial Commissioner's order to be beyond his powers, constituted a lawful excuse for neglecting to obey the subsequent similar order. The concept of 'lawful excuse' is broader than 'lawful authority' and encompasses reasonable belief in authority or reliance on judicial findings. The Magistrate was correct in dismissing the charge under section 208 of the Criminal Procedure Code, as convicting the respondent in these circumstances would not be consistent with good law or sense. The appeal was therefore…
Source excerpt
Patel v Rex (Criminal Appeal No. 456 of 1951.) [1952] EACA 324 (1 January 1952)
The appellate court held that quashing a conviction without ordering retrial amounted to acquittal, so the respondent could plead autrefois acquit.
Gobine and Another v Reginam (Criminal Appeal No. 49 of 1956) [1950] EACA 566 (1 January 1950)
The Court dismissed a criminal appeal, holding that a prior trial declared a nullity did not support a plea of autrefois acquit and that joinder rules were not breached prejudicially.
Rex v Mohindra (Criminal Appeal No. 80 of 1946) [1946] EACA 59 (1 January 1946)
The court held that an acquittal under one Nairobi by-law did not bar a later charge under a different by-law, and reduced an unlawful sentence to comply with the by-laws.
Omolo v Rex (Criminal Appeal No. 89 of 1941) [1940] EACA 60 (1 January 1940)
The court held that a charge of merely manufacturing native intoxicating liquor in a municipality did not disclose an offence under section 15(1) of the Native Liquor Ordinance, 1930.
Rex v Kimanjo (Con. C. 48/1932.) [1932] EACA 17 (1 January 1932)
The court held that quashing a conviction and sentence on confirmation, without ordering a retrial, barred any further trial on the same facts.
Rex v Osinda and Others (Con. C. 422/1932.) [1932] EACA 14 (1 January 1932)
The court held that a Native Tribunal’s dismissal amounted to an acquittal, barring retrial on the same facts. The convictions for arson were quashed.
