Serubega Vs Uganda
Serubega Vs Uganda (Criminal Appeal No.0147 of 2008) [2015] UGCA 93 (16 October 2015)
The Court of Appeal found that the trial judge erred by failing to ascertain the appellant's age at the time of the offence, which was a critical factor in determining the proper procedure and sentencing. The evidence regarding age was inconclusive, and the prosecution failed to prove beyond reasonable doubt that the appellant was 18 years or older. In line with statutory and case law, the doubt regarding age was resolved in favour of the appellant, who should have been treated as a child offender. Consequently, the sentence imposed exceeded the statutory maximum for a child, and the appellan…
Source excerpt
- Rape Offence
- Identification Evidence
- Corroboration In Sexual Offences
- Child Offender Procedure
- Sentencing Guidelines
- Age Determination