Uganda Case Law

Isiko alias Kalidi v Uganda

Isiko alias Kalidi v Uganda (Criminal Appeal 4 of 1993) [1993] UGSC 27 (31 December 1993)

Court

Supreme Court of Uganda

Case number

Criminal Appeal 4 of 1993

Judge

Mayindo, DCJ, Odoki, JSC, Platt, JSC

The Supreme Court found that the conviction for theft on the second count was not supported by the particulars of the charge or the evidence adduced. The lower courts failed to properly analyze the evidence and did not give the appellant a fair opportunity to defend himself against the substituted charge of theft. The particulars alleged obtaining money by false pretences, but the evidence did not establish a false pretence or a clear act of conversion constituting theft. The procedure adopted was unfair, as the appellant was convicted of an offence not properly charged or explained. The cour…

Source excerpt

• Theft
• Obtaining By False Pretences
• Fraudulent Conversion
• Criminal Procedure

Kaladini v Uganda

Kaladini v Uganda (Criminal Appeal No. 13 of 1992) [1993] UGHCCRD 4 (15 March 1993)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Appeal No. 13 of 1992

Judge

Kato, J

The High Court reduced a 2-year sentence for obtaining money by false pretences to 6 months, holding the original sentence was harsh and excessive.

• Sentencing Principles
• Obtaining By False Pretences
• Mitigation Of Sentence
• Sentencing-principles
• Obtaining-money-by-false-pretences
• Mitigation-of-sentence

Mwenya v Queen

Mwenya v Queen (Criminal Appeal No. 67of 1955.) [1955] EACA 266 (1 January 1955)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 67of 1955.

Judge

O'Connor CJ

The court upheld a conviction for uttering a forged tax receipt, but quashed a conviction for obtaining money by false pretences because the money was lawfully obtained earlier.

• Obtaining By False Pretences
• Forgery And Uttering
• Sentencing Procedure
• Mens Rea
• Mitigation Of Sentence
• False-pretences

Mohamed v Rex

Mohamed v Rex (Criminal Appeal No. 605 of 1948) [1948] EACA 89 (1 January 1948)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 605 of 1948

Judge

Modera J, Nihill P

The court held that a promise about future conduct was not a false pretence, quashed the fraud conviction, substituted theft, and confirmed the 18-month sentence.

• Obtaining By False Pretences
• Definition Of False Pretence
• Representation Of Future Event
• Theft
• Accomplice Evidence
• Corroboration