Uganda Case Law

Nyadago v Reginam

Nyadago v Reginam (Criminal Appeal No. 142 of 1955) [1955] EACA 338 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 142 of 1955

Judge

Briggs, JA, Nihill P, Worley VP

The violence alleged in counts (c) and (d) was the same as that alleged and proved in count (b), and formed a constituent of the aggravated robbery offence for which the appellant was convicted under count (b). Punishing the appellant separately for these acts of violence under counts (c) and (d) amounted to double punishment for the same unlawful act, contrary to section 21 of the Penal Code. The court held that counts in an information can and should be laid in the alternative where appropriate, and that the outdated practice of not doing so, based on Ndalu bin Magungu v. R., is no longer a…

Source excerpt

• Joinder Of Charges
• Alternative Counts
• Double Punishment
• Robbery With Violence
• Assault Occasions Actual Bodily Harm

Kehar v Reginam

Kehar v Reginam (Criminal Appeal No. 995 of 1954) [1955] EACA 333 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 995 of 1954

Judge

Nihill P, Sir Enoch Jenkins, JA, Worley VP

The Court of Appeal for Eastern Africa held that the appellant had been punished twice for the same solicitation, so one sentence had to be set aside.

• Double Punishment
• Solicitation
• Attempted Offences
• Sentencing Principles
• Double-punishment
• Criminal-sentencing