Turyatunga v Uganda
Turyatunga v Uganda (Criminal Appeal 118 of 2019) [2024] UGCA 13 (22 January 2024)
The Court of Appeal found that the trial court failed to conduct a mandatory inquiry into the appellant's mental fitness to stand trial, as required by Section 45 of the Trial on Indictments Act and Article 28 of the Constitution. The trial judge relied on a medical report that was not adduced in evidence and did not hold a hearing on the issue, despite a prior order for psychiatric examination. This omission violated the appellant's right to a fair hearing and rendered the entire trial, conviction, and sentence a nullity. Given the appellant's prolonged incarceration (over 17 years) and the…
Source excerpt
- Fair Trial Rights
- Mental Capacity
- Criminal Responsibility
- Procedure On Unsoundness
- Right To Speedy Trial