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Citation
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Judgment date
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| September 2023 |
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The appellate court reversed a land boundary decision due to inadequate evidence evaluation by the lower courts.
Land Law – land ownership – re-evaluation of evidence – appellate duty – boundary dispute resolution
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28 September 2023 |
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Whether accomplice testimony corroborated by circumstantial evidence suffices to sustain murder and aggravated robbery convictions.
Criminal law – accomplice evidence – requirement for independent corroboration; circumstantial evidence – recent possession and vehicle identification; alibi and torture allegations – standard of proof; sentencing – Article 23(8) remand credit; appellate re-evaluation on first appeal.
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28 September 2023 |
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Court upholds aggravated defilement conviction, adjusting sentence to 15 years and 5 months for remand time.
Criminal Law - Aggravated defilement - Legal representation inadequacies - Evidence inconsistencies - Victim identification - Sentence adjustment for remand time.
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26 September 2023 |
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Appellant’s conviction upheld despite counsel irregularity; sentence varied to 15 years 5 months crediting remand.
Criminal law – aggravated defilement; child witness identification; corroboration not required if evidence cogent; forensic evidence and broken chain of custody; judicial bias; State‑appointed counsel not on Roll – irregularity v. miscarriage of justice; sentencing — credit for remand and sentence clarity.
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26 September 2023 |
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Unrecorded assessors' oath not fatal; alibis rejected; conviction upheld; illegal sentence set aside and remand deducted.
Criminal law – Aggravated robbery – Identification evidence – scene and ID parade corroboration. Trial procedure – Assessors – omission to record administration of assessor oath not fatal where no miscarriage of justice and record shows assessors were on oath. Criminal evidence – Alibi – requirement to raise early, weight and need for corroboration; afterthoughts properly rejected
Sentencing – Sentence must be clear and deduct remand period under Article 23(8); appellate substitution where sentence illegal or ambiguous
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26 September 2023 |
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Court requires complete Record of Appeal before hearing an appeal. Submissions deemed insufficient due to incompleteness.
Criminal Appeal - Record of Appeal - Necessity for complete Record of Appeal before hearing - Submissions insufficient with incomplete Record
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19 September 2023 |
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Stay refused: limited appellate jurisdiction over arbitral awards and insufficient proof of irreparable harm.
Arbitration law – limited court intervention under Arbitration and Conciliation Act s.9 and s.34; appellate jurisdiction and competence; stay of execution – conditions: likelihood of success, irreparable harm, delay, security; evidential burden to prove substantial loss.
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12 September 2023 |
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Court upheld 27-year murder sentence, finding it not manifestly excessive after weighing aggravating and mitigating factors.
Criminal law — Murder — Sentence; Appellate review of sentence — interference only if wrong principle, material factor overlooked, or manifestly excessive; Sentencing Guidelines — starting point for murder; Principle of uniformity in sentencing; Mitigating and aggravating factors; Deduction for time on remand.
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8 September 2023 |
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Court upheld a 20-year aggravated defilement sentence, finding mitigating factors considered and remand deduction not required in 2013.
Criminal law – Aggravated defilement – sentencing principles – consideration of mitigating and aggravating factors; appellate restraint on interfering with sentence. Constitutional law – Article 23(8) – treatment of remand period – "take into account" versus arithmetic deduction; non-retrospectivity of Rwabugande. Criminal procedure – when appellate court may interfere – manifestly excessive or wrong in principle
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8 September 2023 |
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The appeal challenging excessive sentence was dismissed as the judge considered mitigating factors appropriately.
Criminal Law - Sentencing - Aggravated Defilement - Consideration of mitigating factors and remand time in sentencing.
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8 September 2023 |
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Circumstantial ‘last seen’ evidence and common intention sustained convictions and sentences; appeal dismissed.
Criminal law – circumstantial evidence and the ‘last seen’ doctrine; identification and credibility; common intention (s.20 Penal Code); appellate review of sentence and compensation; procedural rules on grounds of appeal (Rules 66(2), 67).
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6 September 2023 |
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The appellate court rectified a sentencing error, upholding the plea bargain for 15 years imprisonment.
Criminal Procedure - Plea Bargain Agreement - Sentence inconsistency with plea bargain - Recording and conducting plea bargain proceedings.
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6 September 2023 |
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Life imprisonment for brutally murdering a four-year-old was upheld; mitigating factors did not outweigh severe aggravating circumstances.
Criminal law – Sentencing – Appeal against sentence – appellate scope to interfere only where sentence is manifestly excessive, illegal, or material considerations ignored. Sentencing guidelines – need to consider gravity of offence and degree of culpability; murder sentencing range (30 years to death). Aggravating factors – parricide of a young child, forceful removal from parent, gruesome manner of killing. Mitigating factors – first-time offender and age may be insufficient where aggravation is extreme
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6 September 2023 |
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Whether a retracted confession recorded in English but made in Luganda was voluntary, corroborated, and whether 30-year sentences were excessive.
Criminal law – Confession – Retraction and voluntariness – Trial within a trial to determine whether charge and caution statement was obtained by threats or torture; Language – statement recorded in English though made in Luganda; reading back and signing suffices where maker indicates understanding; Corroboration – independent evidence (third‑party admissions, native doctor’s account, post‑mortem, flight) can corroborate confession; Common intention – liability where accused participated in joint plan to steal leading to murder; Sentencing – appellate interference only where sentence illegal, manifestly harsh, or wrong in principle; consistency principle and sentencing guidelines guide appropriate range.
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6 September 2023 |
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6 September 2023 |
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Circumstantial evidence collectively supported the murder conviction; alibi rejected, assessors' recording lapses non-fatal, sentence confirmed.
Criminal law – Circumstantial evidence – Principles and requirement to exclude other reasonable hypotheses; Alibi – prosecution must negative alibi by placing accused at scene; Assessors – failure to record presence not fatal absent miscarriage; Sentencing – appellate restraint, 38 years within guideline range for murder.
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4 September 2023 |
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On first appeal, a 37‑year sentence for aggravated defilement by a parent was held not manifestly excessive and is maintained.
Criminal law – Aggravated defilement; sentencing discretion on appeal; appellate interference only for illegality, manifest excess, failure to exercise discretion or error in principle; aggravating factors include parent‑perpetrator, repeated abuse, victim age and perpetrator HIV‑positive status; Third Schedule sentencing range 30 years to death.
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4 September 2023 |
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Conviction based on uncorroborated hearsay and weak circumstantial evidence was unsafe and set aside; appellant discharged.
Criminal law – circumstantial evidence – must exclude reasonable hypothesis of innocence before conviction
Evidence – hearsay and dying declaration – conditions for admissibility and cautionary approach
Evidence – failure to call material eyewitness and to exhibit alleged weapon undermines prosecution case. Criminal appellate review – first appeal duty to reappraise evidence and resolve doubts in favour of accused
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4 September 2023 |
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Conviction for rape upheld on credible single-witness evidence; sentence reduced, remand credited and immediate release ordered.
Criminal law – Rape – Single identifying witness; corroboration not mandatory but quality of evidence is decisive – Minor inconsistencies and timing discrepancies not fatal – Sentencing – appellate interference where sentence is manifestly excessive or inconsistent with comparable cases – Remand credit under Article 23(8) of the Constitution requires arithmetic deduction when applicable – Appellate court power to resentence under Judicature Act.
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4 September 2023 |
