Uganda Case Law

Uganda v Ngaswireki & Anor

Uganda v Ngaswireki & Anor (Criminal Appeal Number 3/2017) [2018] UGHCCRD 182 (9 November 2018)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal Number 3/2017

Judge

Mutonyi, J

The trial Chief Magistrate failed to conduct a proper voir dire examination before taking the evidence of a child of tender age, contrary to established legal procedure and case law. The record did not reflect any questions or answers to determine the child's intelligence or understanding of the duty to speak the truth, rendering the process irregular and occasioning a miscarriage of justice. Furthermore, the evidence of the victim, which was unsworn, required corroboration under the law, but the only corroborative witness's testimony was taken by a magistrate without jurisdiction, making it…

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• Child Witness Evidence
• Voir Dire Procedure
• Corroboration Requirement
• Jurisdiction Of Magistrates
• Identification Evidence

Lawrence Kizza v Uganda

Lawrence Kizza v Uganda (Criminal Appeal No. 192 of 2002) [2007] UGCA 63 (30 August 2007)

Court

Court of Appeal of Uganda

Case number

Criminal Appeal No. 192 of 2002

The Court of Appeal allowed a defilement appeal, holding that the prosecution had not proved its case beyond reasonable doubt on the evidence and medical findings.

• Defilement
• Corroboration Requirement
• Medical Evidence
• Standard Of Proof
• Corroboration
• Medical-evidence

Uganda v Baguma Stephen

Uganda v Baguma Stephen (Criminal Session Case No. 326 of 94) [1995] UGHC 80 (5 July 1995)

Court

High Court of Uganda

Case number

Criminal Session Case No. 326 of 94

Judge

Mukanza, J

The High Court acquitted Baguma Stephen of defilement, finding the complainant’s evidence on identification was materially contradictory and uncorroborated.

• Defilement
• Corroboration Requirement
• Child Testimony
• Burden Of Proof
• Alibi Defence
• Corroboration

Udinde and Another v Reginam

Udinde and Another v Reginam (Criminal Appeals Nos. 189 and 190 of 1955) [1955] EACA 353 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 189 and 190 of 1955

Judge

Lowe, J. (Tanganyika), Nihill P, Worley VP

The Court of Appeal held that a repudiated confession needed corroboration in the circumstances, reduced Yohannis’s murder conviction to manslaughter, and quashed Martin’s conviction.

• Repudiated Confession
• Corroboration Requirement
• Admissibility Of Evidence
• Manslaughter Vs Murder
• Judicial Recordkeeping
• Criminal-law

Njeroge v Regina (Crimihal Appeal No. 1697 of 1953)

Njeroge v Regina (Crimihal Appeal No. 1697 of 1953) [1953] EACA 40 (1 January 1953)

Court

East African Court of Appeal

Case number

Crimihal Appeal No. 1697 of 1953

Judge

De Lestang J, Hearne CJ

Conviction for Mau Mau membership quashed because it rested solely on uncorroborated accomplice evidence, with no independent corroboration.

• Accomplice Evidence
• Unlawful Societies
• Corroboration Requirement
• Burden Of Proof
• Accomplice-evidence
• Corroboration-requirement

Njeroge v Regina

Njeroge v Regina (Criminal appeal No. 1697 of 1953) [1953] EACA 36 (1 January 1953)

Court

East African Court of Appeal

Case number

Criminal appeal No. 1697 of 1953

Judge

De Lestang J, Hearne CJ

The court quashed a conviction for membership in the Mau Mau society because it rested solely on uncorroborated accomplice evidence.

• Accomplice Evidence
• Unlawful Societies
• Corroboration Requirement
• Burden Of Proof
• Accomplice-evidence
• Corroboration

Wambugu v Rex

Wambugu v Rex (Criminal Appeal No. 265 of 1950) [1950] EACA 91 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 265 of 1950

Judge

Nihill, C.J, Thacker J

The court quashed a receiving-stolen-property conviction because the accomplice’s evidence lacked corroboration and police questioning after caution was improper.

• Receiving Stolen Property
• Accomplice Evidence
• Corroboration Requirement
• Admissibility Of Confessions
• Judges Rules
• Police Procedure

Rex v Jiwa

Rex v Jiwa (Criminal Appeal No. 177 of 1948) [1949] EACA 24 (1 January 1949)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 177 of 1948

Judge

Edwards CJ, Graham Paul CJ, Thacker J

The Court held that genuine police spies are not accomplices and do not need corroboration. It dismissed Hasham Jiwa’s appeal against convictions on liquor and rationing offences.

• Accomplice Evidence
• Police Spy Exception
• Corroboration Requirement
• Liquor Offences
• Rationed Goods Offences
• Invoice Requirement

Rex v Swandetti

Rex v Swandetti (Criminal Appeal No. 92 of 1941) [1941] EACA 56 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 92 of 1941

Judge

Hayden J, Sheridan, (C.J. Kenya), Whitley CJ

The Court held that the extra-judicial statement made by the accused, 'I have killed my father accidentally when he tried to strike me,' does not amount to a confession as it does not admit the offence in terms or substantially all the facts constituting the offence, in line with the Privy Council decision in Pakala Narayana Swami v. The King-Emperor. Even if the statement were considered a confession and subsequently retracted, corroboration is not essential for its acceptance, as established in Rex v. Sinoya. The conviction was found to be amply supported by evidence beyond the statement, a…

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• Confession Evidence
• Retracted Confession
• Corroboration Requirement
• Murder Offence

Rex v Kihura

Rex v Kihura (Criminal Appeal No.64 of. 1941) [1941] EACA 48 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No.64 of. 1941

Judge

Gamble, J. (Uganda), Sheridan, (C.J. Kenya), Webb CJ

The court held that an unsworn trial statement did not, by itself, retract earlier voluntary confessions, so corroboration was not legally required.

• Confession Evidence
• Retracted Confession
• Corroboration Requirement
• Self Defence
• Murderous Malice
• Criminal-law