Ndacyayisaba v Uganda (HCT-CR-CN 81 of 2022) [2023] UGHCCRD 90 (31 July 2023)
Court
HC: Criminal Division (Uganda)
Case number
HCT-CR-CN 81 of 2022
Judge
Mutonyi, J
The High Court of Uganda enhanced a criminal sentence, deducted remand time, and set aside a compensation order for lack of evidence of ability to pay.
Ndacyayisaba v Uganda (Criminal Appeal 81 of 2022) [2023] UGHCCRD 183 (31 July 2023)
Court
HC: Criminal Division (Uganda)
Case number
Criminal Appeal 81 of 2022
Judge
Mutonyi, J
The High Court found that the trial magistrate erred by not forwarding the sentence for confirmation as required by law and by failing to deduct the remand period from the sentence. The appellate court determined that the original sentence of 5 years was lenient given the aggravating circumstances of the offence, including a night attack and use of a knife. Exercising its discretion, the court enhanced the sentence to 7 years imprisonment, then deducted the remand period of 6 months and 22 days, resulting in a final custodial sentence of 6 years, 6 months, and 8 days. The compensation order w…
Moonlight v Uganda (HCT – 01 – CR – CN – 0011 of 2008) [2017] UGHCCRD 117 (28 September 2017)
Court
HC: Criminal Division (Uganda)
Case number
HCT – 01 – CR – CN – 0011 of 2008
Judge
Ojok, J
The High Court upheld Moonlight Herbert’s conviction for burglary and theft, holding that recent possession of a stolen phone and other circumstantial evidence proved the case.
Ayaikin & Anor v Uganda (HCT-04-CR-CN-0018-2009) [2010] UGHCCRD 52 (5 November 2010)
Court
HC: Criminal Division (Uganda)
Case number
HCT-04-CR-CN-0018-2009
Judge
Rugadya, J
The High Court found that the trial magistrate erred in law and fact by relying on confession statements that were irregularly and improperly admitted without a trial within a trial to determine voluntariness, especially in light of credible allegations of torture. The statements were recorded by the same officer who led the investigation, further compounding the irregularity. Once the confession evidence was excluded, the remaining prosecution evidence was insufficient to prove any of the charges—burglary, theft, possession of housebreaking instruments, or possession of suspected stolen prop…
Uganda v Masawi & Anor (HCCS NO. 0020 of 2002) [2001] UGHCCRD 3 (15 November 2001)
Court
HC: Criminal Division (Uganda)
Case number
HCCS NO. 0020 of 2002
Judge
Atwoki, J
The High Court acquitted two accused of robbery with aggravation, finding the alleged theft not proved, but convicted them of burglary on the same facts.
Yaram v Rex (Criminal Appeal No. 258 of 1950) [1951] EACA 147 (1 January 1951)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 258 of 1950
Judge
Graham Paul CJ, Lockhart-Smith, J, Nihill P
The Court of Appeal for Eastern Africa upheld consecutive five-year sentences for three burglaries, finding no error of principle in the trial judge’s deterrent approach.
Rex v Karingu (Criminal Appeal No. 111 of 1948) [1948] EACA 66 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 111 of 1948
Judge
De Lestang J, Nihill P
The court varied a burglary conviction to theft after finding no evidence of breaking, upheld the 12-month sentence, and discouraged notes added after judgment.
Rex v Ndmaywa and Another (Criminal Appeals Nos. 207 and 246 of 1948 Consolidated) [1948] EACA 70 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 207 and 246 of 1948 Consolidated
Judge
De Lestang J, Nihill P
The court quashed one burglary and theft conviction for insufficient evidence, but upheld the other. It also cautioned magistrates against unclear use of “they” in recording evidence.
Rex v Selemani and Another (Criminal Appeals Nos. 134 and 135 of 1947) [1947] EACA 34 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 134 and 135 of 1947
Judge
Edwards CJ, Graham Paul CJ, Nihill P
The Court of Appeal for Eastern Africa upheld one murder conviction from a joint burglary but quashed the other, holding burglary alone did not make both men liable for murder.