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Uganda decisions
Decisions matching the current search
Muchumi alias kalule v Uganda (Criminal Appeal 3 of 1993) [1994] UGSC 22 (9 November 1994)
The Supreme Court of Uganda dismissed a criminal appeal, holding that the appellant was properly identified in a robbery and that alleged inconsistencies were minor.
Musasizi v Uganda (Criminal Appeal 19 of 1991) [1993] UGSC 34 (31 December 1993)
The Supreme Court found that the prosecution had established beyond reasonable doubt that the appellant participated in the robbery and that the gun recovered was a deadly weapon within the meaning of Section 273(2) of the Penal Code. The evidence of the police officer, who had extensive experience with firearms, was accepted as expert testimony confirming the gun's capability to discharge a bullet. The appellant's defence was rejected as false and unsupported by other witnesses. The court held that it is sufficient for the prosecution to prove, through expert evidence, that the gun is capabl…
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Musasizi v Uganda (Criminal Appeal 19 of 91) [1993] UGSC 29 (31 December 1993)
The Supreme Court found that the prosecution evidence amply established the appellant's participation in the robbery with violence. The appellant's defense was found to be false and unsupported by the evidence. The Court held that the gun recovered from the appellant was examined by a police officer with sufficient experience, who confirmed it was capable of firing. The Court clarified that it is not necessary for the gun to be fired during the robbery or subsequently; it is enough that expert evidence shows the gun is capable of discharging a bullet. This satisfied the requirement of a deadl…
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Benon Musasizi v Uganda (Criminal Appeal 19 of 1991) [1993] UGSC 9 (30 December 1993)
The Supreme Court held that the prosecution had proved beyond reasonable doubt that the appellant participated in the robbery with violence and that a deadly weapon was used. The evidence of the complainants and other witnesses was credible and corroborated. The defence was found to be false and unsupported by any independent evidence. The gun recovered from the appellant was examined by a police officer with 20 years of experience, who confirmed it was capable of firing. The Court found that it is not necessary for the gun to be fired during the robbery or test-fired subsequently; it is suff…
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Uganda v Olima alias Byaruhanga (Criminal Session Case No. 6 of 1993) [1993] UGHCCRD 28 (1 November 1993)
The High Court at Mbale held that the prosecution had not made a prima facie case in an alleged armed robbery, and acquitted the accused.
Ntwirenabo v Uganda (Criminal Appeal 15 of 92) [1993] UGSC 30 (5 February 1993)
The Supreme Court found that the trial judge misdirected himself regarding the burden of proof and failed to call for additional corroborative evidence that could have clarified inconsistencies in the identification. However, the Court concluded that, despite these misdirections and the minimal quality of prosecution evidence, the record contained just enough evidence for conviction. The identification by Immaculate Kyomugisha, though not free from doubt, was accepted by the assessors and the trial judge, and the appellant's alibi did not raise sufficient doubt. The possession of a false iden…
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Kisakya & Another v Uganda (Criminal Appeal 22 of 1991) [1992] UGSC 19 (1 December 1992)
The Supreme Court found that the appellants were properly identified at the scene of the crime by multiple witnesses who knew them personally, under favourable lighting conditions, and for sufficient duration to exclude the possibility of mistaken identity. The trial judge correctly directed himself on the law regarding identification and alibi, and properly considered the alleged grudge between the appellants and prosecution witnesses. The court accepted the trial judge's findings that the appellants' alibis were not credible and had been disproved by the prosecution. Allegations of procedur…
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Nyadago v Reginam (Criminal Appeal No. 142 of 1955) [1955] EACA 338 (1 January 1955)
The violence alleged in counts (c) and (d) was the same as that alleged and proved in count (b), and formed a constituent of the aggravated robbery offence for which the appellant was convicted under count (b). Punishing the appellant separately for these acts of violence under counts (c) and (d) amounted to double punishment for the same unlawful act, contrary to section 21 of the Penal Code. The court held that counts in an information can and should be laid in the alternative where appropriate, and that the outdated practice of not doing so, based on Ndalu bin Magungu v. R., is no longer a…
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Kizito v Reginam (Criminal Appeal 69 of 1955) [1955] EACA 341 (1 January 1955)
Second appeal in a robbery-with-violence case remitted to the High Court so it could consider an overlooked non-direction on the complainant's first report.
Joshi v Rex (Criminal Appeal No. 73 of 1951) [1951] EACA 228 (1 January 1951)
The Court of Appeal for Eastern Africa held that an uncautioned police statement should have been excluded, but the error did not affect the conviction for robbery with violence.
