Uganda Case Law

Okeny & 2 Others v Uganda

Okeny & 2 Others v Uganda (Criminal Revision 28 of 1991) [1991] UGHC 64 (3 May 1991)

Court

High Court of Uganda

Case number

Criminal Revision 28 of 1991

Judges

GM OKELLO, J

The court found that the plea of guilty entered by the accused was equivocal as it did not admit all the essential ingredients of the offence of assault occasioning actual bodily harm. The accused admitted to assault but not to causing actual bodily harm, making the conviction unsound in law. Furthermore, the charge was bad for duplicity as it alleged assault on multiple persons in a single count, contrary to statutory requirements that each offence be charged separately. The default sentence of one month imprisonment for non-payment of a fine of Shs. 2000/= was also illegal, as the law presc…

Source excerpt

• Plea Equivocality
• Duplicity Of Charges
• Default Sentencing
• Assault Actual Bodily Harm

Wilson v Reginam

Wilson v Reginam (Criminal Appeal No. 856 of 1954) [1955] EACA 321 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 856 of 1954

Judge

Nihill P, Sir Enoch Jenkins, JA, Worley VP

The Court held that the amended charges were not bad for duplicity because the offences of failing to pay wages on demand under section 72(1)(a) of the Employment Ordinance are continuing offences, not distinct for each failure or contract. The Employment Ordinance, through sections 64, 65, and 66, was designed to provide a simple, expeditious, and flexible procedure for wage recovery, permitting omnibus complaints and charges that consolidate multiple claims. The Court found that requiring separate charges for each contract or employee would defeat the purpose of the Ordinance and be oppress…

Source excerpt

• Non Payment Of Wages
• Duplicity Of Charges
• Vagueness In Charges
• Continuing Offence
• Criminal Procedure In Employment
• Ticket System Contracts

Magingi v Reginam

Magingi v Reginam (Criminal Appeal No. 963 of 1954) [1955] EACA 324 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 963 of 1954

Judge

Holmes, J (Kenya), Mahon, J, Nihill P

The Court upheld a conviction for common-law incitement in Tanganyika, but quashed counts based on attempted stupefying and attempted conspiracy as duplicative.

• Incitement To Commit Crime
• Common Law Offences
• Duplicity Of Charges
• Conspiracy
• Sentencing Principles
• Incitement

Rex v Korie (Cr. App. No. 91 of 1938)

Rex v Korie (Cr. App. No. 91 of 1938) [1938] EACA 197 (1 January 1938)

Court

East African Court of Appeal

Case number

Cr. App. No. 91 of 1938

Judge

Lane, Ag. J, Sheridan CJ, Thacker J

The court held that possession at arrest or recent possession is not required under section 10 of the Stock and Produce Theft Ordinance, and dismissed the appeal.

• Cattle Theft
• Burden Of Proof
• Statutory Offences
• Duplicity Of Charges
• Criminal-law
• Cattle-theft

Ngui v Rex (Cr.A. 47/1934.)

Ngui v Rex (Cr.A. 47/1934.) [1937] EACA 152 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr.A. 47/1934.

Judge

Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Webb, J

The Court of Appeal upheld a murder conviction despite a duplicity objection, holding that no prejudice or miscarriage of justice was shown.

• Duplicity Of Charges
• Arson
• Murder
• Misjoinder Of Offences
• Duplicity-of-charges
• Misjoinder-of-offences