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Uganda Case Law

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Criminal Law [2023] UGHCCRD 90

Ndacyayisaba v Uganda (HCT-CR-CN 81 of 2022)

Ndacyayisaba v Uganda (HCT-CR-CN 81 of 2022) [2023] UGHCCRD 90 (31 July 2023)

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.

  • Sentencing
  • Remand Deduction
  • Burglary
  • Theft
  • Compensation Orders
  • Criminal-sentencing
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Criminal Law [2023] UGHCCRD 183

Ndacyayisaba v Uganda

Ndacyayisaba v Uganda (Criminal Appeal 81 of 2022) [2023] UGHCCRD 183 (31 July 2023)

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…

  • Sentencing Principles
  • Remand Period Deduction
  • Burglary
  • Theft
  • Compensation Orders
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Criminal Law [2017] UGHCCRD 117

Moonlight v Uganda (HCT – 01 – CR – CN – 0011 of 2008)

Moonlight v Uganda (HCT – 01 – CR – CN – 0011 of 2008) [2017] UGHCCRD 117 (28 September 2017)

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.

  • Burglary
  • Theft
  • Recent Possession
  • Circumstantial Evidence
  • Recent-possession
  • Circumstantial-evidence
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Criminal Law [2010] UGHCCRD 52

Ayaikin & Anor v Uganda (HCT-04-CR-CN-0018-2009)

Ayaikin & Anor v Uganda (HCT-04-CR-CN-0018-2009) [2010] UGHCCRD 52 (5 November 2010)

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…

  • Admissibility Of Confessions
  • Burglary
  • Theft
  • Possession Of Housebreaking Instruments
  • Possession Of Suspected Stolen Property
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Criminal Law [2001] UGHCCRD 3

Uganda v Masawi & Anor (HCCS NO. 0020 of 2002)

Uganda v Masawi & Anor (HCCS NO. 0020 of 2002) [2001] UGHCCRD 3 (15 November 2001)

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.

  • Burglary
  • Identification Evidence
  • Robbery
  • Use Of Deadly Weapon
  • Alibi Defence
  • Criminal-law
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Criminal Law [1951] EACA 147

Yaram v Rex

Yaram v Rex (Criminal Appeal No. 258 of 1950) [1951] EACA 147 (1 January 1951)

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.

  • Sentencing Principles
  • Consecutive Sentences
  • Burglary Offences
  • Criminal-law
  • Sentencing-principles
  • Consecutive-sentences
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Criminal Law [1950] EACA 93

Chumba v Rex

Chumba v Rex (Criminal Appeal No. 272 of 1950) [1950] EACA 93 (1 January 1950)

Appeal against burglary and theft convictions succeeded only on sentence: the court held the two sentences had to run concurrently, not consecutively.

  • Burglary
  • Theft
  • Sentencing Principles
  • Concurrent Sentences
  • Criminal-sentencing
  • Concurrent-sentences
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Criminal Law [1948] EACA 66

Rex v Karingu

Rex v Karingu (Criminal Appeal No. 111 of 1948) [1948] EACA 66 (1 January 1948)

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.

  • Burglary
  • Theft
  • Presumption Of Guilt
  • Recent Possession
  • Magistrate Practice
  • Recent-possession
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Criminal Law [1948] EACA 70

Rex v Ndmaywa and Another

Rex v Ndmaywa and Another (Criminal Appeals Nos. 207 and 246 of 1948 Consolidated) [1948] EACA 70 (1 January 1948)

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.

  • Burglary
  • Theft
  • Evidence Recording
  • Joint Participation
  • Conviction Standard
  • Criminal-evidence
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Criminal Law [1947] EACA 34

Rex v Selemani and Another

Rex v Selemani and Another (Criminal Appeals Nos. 134 and 135 of 1947) [1947] EACA 34 (1 January 1947)

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.

  • Murder Liability
  • Joint Criminal Enterprise
  • Burglary
  • Accessory Liability
  • Criminal-law
  • Murder-liability
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.