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Uganda decisions
Decisions matching the current search
Ruadiba v Rex (Cr. App. No. 44/1938) [1938] EACA 52 (1 January 1938)
The East African Court of Appeal held that a prosecution witness’s prior deposition could not be used to discredit her without following section 155 of the Indian Evidence Act.
Rex v Shimanyolay and Another (Cr. Apps. Nos. 70 and 71 of 1938) [1938] EACA 135 (1 January 1938)
The conviction of Legidio was set aside because the trial judge improperly relied on depositions of Crown witnesses that contradicted their trial testimony, rendering the evidence inadmissible and insufficient for conviction. As for Paulo, regardless of whether death was caused by the gunshot or the panga blows, the facts established a common intention between Paulo and Legidio to commit an unlawful act, namely to avoid arrest by causing grievous harm to the forest guard. Section 22 of the Penal Code deems both participants guilty if the offence committed was a probable consequence of their c…
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Mbola v Rex (Cr.A. 113/1934.) [1937] EACA 180 (1 January 1937)
The Court of Appeal for Eastern Africa held that an equivocal statement could not be treated as a guilty plea and that depositions should not be used in sentencing.
Rex v Mvumba (Cr.A. 114/1936.) [1936] EACA 112 (1 January 1936)
The Court refused the application for leave to appeal out of time because the applicant failed to provide any good reasons for the delay. Furthermore, even if leave were granted, there was no basis for interfering with the sentence, as it was not excessive. The Court affirmed that the trial Judge acted correctly in consulting the depositions when assessing sentence, consistent with established case law and statutory provisions. The Court distinguished previous obiter dicta and confirmed that section 280 of the Criminal Procedure Code (Uganda) enables the Judge to consult depositions for sente…
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