Uganda Case Law

Okao alias Baby & 4 Ors Vs Uganda

Okao alias Baby & 4 Ors Vs Uganda (Criminal Appeal No. 55,62 & 67 of 2016) [2019] UGCA 94 (2 May 2019)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 55,62 & 67 of 2016

The Court of Appeal found that the participation of an assessor who was absent during part of the trial constituted a fundamental irregularity that occasioned a miscarriage of justice for the 2nd, 3rd, 4th, and 5th appellants. Their convictions and sentences were quashed and a retrial ordered. For the 1st appellant, the court held that the plea of guilty was properly administered, with the indictment read and explained, and the facts admitted. However, the sentence imposed was found to be omnibus and excessive. The court substituted the sentences with 18 years for murder, 15 years for aggrava…

Source excerpt

• Plea Procedure
• Sentencing Principles
• Role Of Assessors
• Corroboration Of Accomplice Evidence
• Remand Period Deduction
• Alibi Defence

Uganda v Mukasa & Ors

Uganda v Mukasa & Ors (Criminal Session Case No. 82/94) [1995] UGHCCRD 4 (31 July 1995)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Session Case No. 82/94

Judge

Kato, J

The High Court of Uganda convicted A1 and A3 of robbery with aggravation and acquitted A2, accepting his defence of compulsion.

• Robbery With Aggravation
• Identification Evidence
• Defence Of Alibi
• Defence Of Compulsion
• Common Intention
• Corroboration Of Accomplice Evidence

Kitete and Another v Rex

Kitete and Another v Rex (Criminal Appeals Nos. 179 and 180 of 1951) [1951] EACA 294 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 179 and 180 of 1951

Judge

Hearne CJ, Nihill P, Worley VP

The Court of Appeal set aside convictions for official corruption, holding that the appeal had been wrongly summarily rejected and the evidence was insufficient.

• Official Corruption
• Summary Rejection Of Appeal
• Corroboration Of Accomplice Evidence
• Public Servant Status
• Failure Of Justice
• Criminal-law

Kiondu v Reginam

Kiondu v Reginam (Criminal Appeal No. 87 of 1956) [1950] EACA 526 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 87 of 1956

Judge

Bacon, JA, Briggs, JA, Sinclair, VP

The court held that accessory-after-the-fact liability under section 397 depends on motive or purpose, not merely the inevitable effect of assistance.

• Accessory After The Fact
• Motive Vs Intention
• Corroboration Of Accomplice Evidence
• Murder
• Penal Code Interpretation
• Accessory-after-the-fact

Rex v Saleh

Rex v Saleh (Criminal Appeal No. 608 of 1947) [1948] EACA 65 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 608 of 1947

Judge

De Lestang J, Nihill P

The court held that a conviction under Penal Code section 274 could not stand where the accused was charged under section 269, but upheld the sentence under section 269.

• Theft By Public Servant
• Accessory After The Fact
• Corroboration Of Accomplice Evidence
• Sentencing Guidelines
• Criminal-law
• Theft

Rex v Mitilande

Rex v Mitilande (Criminal Appeal No. 157 of 1939) [1940] EACA 11 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 157 of 1939

Judge

Sheridan CJ, Webb CJ, Whitley CJ

The court held the prosecution bore the burden of proving a confession was voluntary. Because that burden was not met, the confession was inadmissible and the conviction failed.

• Confession Evidence
• Onus Of Proof
• Voluntariness Of Confession
• Corroboration Of Accomplice Evidence
• Criminal-law
• Confession-evidence

Rex v Nurbhai

Rex v Nurbhai (Criminal Appeal No. 201 OF 1938) [1939] EACA 110 (1 January 1939)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 201 OF 1938

Judge

Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ

Second appeal against a conviction for receiving stolen timber was allowed because the magistrate relied on uncorroborated accomplice evidence and the proof of guilty knowledge was unsafe.

• Receiving Stolen Property
• Corroboration Of Accomplice Evidence
• Mens Rea
• Burden Of Proof
• Benefit Of Doubt
• Receiving-stolen-property