Kalinaki v Uganda (Criminal Appeal No. 507 of 2016) [2023] UGCA 106 (16 March 2023)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 507 of 2016
Judge
Obura, JA, Musoke, JA, Barishaki, JA
The Court of Appeal quashed aggravated defilement convictions after finding the prosecution evidence was inconsistent, uncorroborated, and left reasonable doubt.
Ndyaguma Vs Uganda (Criminal Appeal No. 263 of 2006) [2016] UGCA 57 (26 October 2016)
Court
Court of Appeal of Uganda
Case number
Criminal Appeal No. 263 of 2006
The Court of Appeal found that the conviction of the appellant was not supported by sufficient evidence directly linking him to the commission of the offence of defilement. The only evidence implicating the appellant was the testimony of the victim's parents regarding what the victim told them, but the victim herself did not testify. The court held that such evidence, in the absence of the victim's testimony, remained hearsay and did not meet the legal threshold for conviction in sexual offences, especially where the alleged victim is a child of tender years. The trial judge failed to warn hi…