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Criminal Law [2020] UGCA 2115

Kanyakole Sulaiman alias Sooso Esau v Uganda

Kanyakole Sulaiman alias Sooso Esau v Uganda (Criminal Appeal No. 523 of 2016) [2020] UGCA 2115 (15 September 2020)

The Court of Appeal found that the trial judge failed to comply with the mandatory procedure for recording a Plea Bargain Agreement as set out in the Judicature (Plea Bargain) Rules, 2016. There was no evidence that the appellant, an illiterate person, was made to understand the contents, consequences, and voluntariness of the plea, nor the waiver of constitutional rights. This omission rendered the conviction and sentence a nullity. While the respondent conceded to the appeal and requested a retrial, the court declined to order a retrial due to the appellant's time already served, the impact…

  • Aggravated Defilement
  • Plea Bargain Procedure
  • Conviction On Plea Of Guilty
  • Sentencing Practice
  • Constitutional Rights Waiver
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