Uganda v Ogwang
Uganda v Ogwang (Criminal Appeal 48 of 2020) [2023] UGSC 60 (12 October 2023)
The Supreme Court held that failure to record the plea did not, in itself, render the trial a nullity, as the respondent participated fully in the proceedings and there was no evidence of deprivation of the right to be heard or any miscarriage of justice. The Court of Appeal erred by treating the omission as a technicality warranting nullification of the trial and refusing a retrial without reviewing the substance of the proceedings. The Supreme Court clarified that Section 60 of the Trial on Indictments Act is directory, not strictly mandatory, and that substantive justice should prevail ove…
Source excerpt
- Murder Trial
- Plea Irregularity
- Retrial Guidelines
- Judicial Discretion
- Nullity Of Proceedings