Baluku v Uganda (Criminal Appeal 25 of 2021) [2023] UGSC 39 (8 August 2023)
Court
Supreme Court of Uganda
Case number
Criminal Appeal 25 of 2021
Judge
Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Tuhaise, JSC, Mike Chibita, JSC, Elizabeth Musoke, JSC
The Supreme Court struck out Baluku Nicholas’s criminal appeal against a murder conviction because the notice of appeal was filed out of time without leave.
The Supreme Court found that the Court of Appeal properly evaluated the evidence, correctly applied the law on contradictions and accomplice testimony, and was justified in relying on the credible portions of PW7 and PW8's evidence, which was corroborated by phone records and the appellant's conduct. The defense of alibi was disproved by evidence placing the appellant in Masaka at the material time. The sentence of life imprisonment was lawful, proportionate to the gravity of the crime, and consistent with sentencing principles, with no failure to consider mitigating factors or time spent on…