Gwolo v Uganda
Gwolo v Uganda (Criminal Appeal No. 0015 of 2017) [2017] UGHCCRD 413 (26 July 2017)
The trial magistrate failed to properly record an unequivocal plea of guilty, as the facts narrated by the prosecution did not disclose the essential elements of theft under sections 254 (1) and 261 of the Penal Code Act. The complainant did not have factual possession or control of the money at the material time, and the appellant's conduct was more consistent with stealing by agent rather than theft. Consequently, the plea was equivocal and cannot sustain the conviction. The conviction and sentence are quashed, and the appellant is discharged. A retrial is not ordered because the facts do n…
Source excerpt
- Plea Of Guilty
- Equivocal Plea
- Elements Of Theft
- Conviction On Plea
- Retrial Principles