Uganda v Bakaki & Ors (HCT-03-CR-CN-45-2014) [2017] UGHCCRD 143 (29 September 2017)
Court
HC: Criminal Division (Uganda)
Case number
HCT-03-CR-CN-45-2014
Judge
Elubu, J
The High Court dismissed the State’s appeal against acquittal, finding identification evidence unsafe and the respondents’ alibis insufficiently rebutted.
Twine Naboth v Uganda (Criminal Appeal. No. 01/2011) [2011] UGHC 156 (31 October 2011)
Court
High Court of Uganda
Case number
Criminal Appeal. No. 01/2011
Judge
Bamugemereire, J
The trial magistrate erred in law by shifting the burden of proof to the accused, contrary to fundamental principles of criminal law. The prosecution failed to prove the offences of embezzlement and abuse of office beyond reasonable doubt. The unresolved question of who received the money paid to a ghost teacher created reasonable doubt, and the trial magistrate did not properly evaluate the evidence in its totality. The conviction and sentence were therefore unlawful, and the appeal was allowed, with the conviction quashed and sentence set aside.
Uganda v Odwong and Another (High Court Criminal Session 282 of 92) [1993] UGHC 41 (17 August 1993)
Court
High Court of Uganda
Case number
High Court Criminal Session 282 of 92
Judges
GM OKELLO, J
The High Court acquitted two accused in robbery and rape charges, holding that the prosecution failed to prove use of a deadly weapon and lacked corroboration.
Tibagwa v Regina (Criminal Appeal No. 223 of 1952) [1952] EACA 268 (1 January 1952)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 223 of 1952
Judge
Hearne CJ, Nihill P, Worley VP
The Court of Appeal for Eastern Africa quashed a murder conviction, holding that the circumstantial evidence did not prove guilt beyond reasonable doubt.
Rex v Gordhan (Criminal Appeal No. 58 of 1948) [1948] EACA 25 (1 January 1948)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 58 of 1948
Judge
Ainley J, Edwards CJ, Nihill P
The Court of Appeal for Eastern Africa held that disbelief of an accused’s evidence alone cannot sustain a conviction where the evidence as a whole leaves reasonable doubt.
Rex v Murimbocho (Criminal Case No. 25 of 1945) [1945] EACA 62 (1 January 1945)
Court
East African Court of Appeal
Case number
Criminal Case No. 25 of 1945
Judge
Lucie-Smith, J. (Kenya)
The court found that the accused had consistently raised an alibi from the very beginning of the proceedings and had called supporting witnesses at the earliest opportunity. This, combined with the circumstances of the case, left the court in significant doubt as to the reliability of the identification evidence provided by the Crown witnesses. The judge concluded that the possibility of mistaken identification was so substantial that it would be unsafe to convict the accused. Accordingly, the presence of reasonable doubt necessitated an acquittal.
Rex v Sumba (Criminal Appeal No. 129 of 1942) [1943] EACA 43 (1 January 1943)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 129 of 1942
Judge
Lucie-Smith, J. (Kenya), Sheridan CJ
The East African Court of Appeal quashed a conviction for stealing by an agent, finding reasonable doubt on the evidence and noting likely prejudice from multiple unproved charges.
Rex v Lokarkar (Criminal Case No. 59 of 1942) [1942] EACA 60 (1 January 1942)
Court
East African Court of Appeal
Case number
Criminal Case No. 59 of 1942
Judge
Thacker J
The court convicted the accused of murder, but held that the prosecution had not proved beyond reasonable doubt that he was over sixteen, so detention during the Governor's pleasure applied.
Rex v Soto (CRIMINAL APPEAL No. 56 OF 1939) [1939] EACA 122 (1 January 1939)
Court
East African Court of Appeal
Case number
CRIMINAL APPEAL No. 56 OF 1939
Judge
Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ
The court found that although the injury to the appellant was not caused by the deceased, it was possible that the appellant was assaulted by one or more members of the group inside the hut and did not know who inflicted the injury. In such circumstances, it is not unreasonable to regard the provocation as flowing from the group as a whole. Since the defence of provocation only requires the raising of a reasonable doubt, and such doubt existed as to whether there was legal provocation, the court held that the conviction for murder should be reduced to manslaughter. The appellant was according…