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Citation
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Judgment date
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| December 2014 |
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Conviction and 18‑month sentence upheld; compensation order set aside for lack of evidentiary basis.
Criminal law – malicious damage to property – evaluation of alibi and credibility of witnesses; Sentence – exercise of judicial discretion under s.335(1) Penal Code Act; Compensation – award in criminal proceedings requires evidentiary basis and may be set aside if unsupported.
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17 December 2014 |
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Retracted extra‑judicial confessions admitted without a trial within a trial and lacking corroboration rendered the conviction unsafe; retrial ordered.
* Criminal law – Extra‑judicial confessions – Retraction – Requirement of trial within a trial to determine voluntariness.
* Evidence – Corroboration – Unsafe to convict on uncorroborated retracted confession obtained by investigating officers.
* Criminal procedure – Appellate scrutiny – duty to reassess evidence afresh and order retrial where conviction unsafe.
* Sentence – Custodial term within statutory maximum may be appropriate though alternative fines must be justified.
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17 December 2014 |
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An accused on long remand may obtain bail for murder absent exceptional circumstances if unlikely to abscond.
Bail — Murder charge — Constitutional right to apply for bail (Art. 23(6)(a)) — Presumption of innocence — Section 15 Trial on Indictment Act; exceptional circumstances not mandatory — Factors: period on remand, fixed abode, substantive sureties — Bail conditions: cash bond, non-cash bond by sureties, reporting, photographs, maps — Default attracts arrest warrant.
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4 December 2014 |
| November 2014 |
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Sentencing without a formal charge or plea and a judge acting as witness/prosecutor was grossly irregular; sentence quashed.
Criminal procedure – Contempt of court – Requirement for formal charge and plea (MCA ss.124,126–128,133) – Prosecutor acting as witness – Judge as witness/complainant – Necessity of impartial adjudicator – Illegality of sentencing on a non‑existing charge.
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18 November 2014 |
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Criminal law
|
7 November 2014 |
| October 2014 |
|
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Criminal law
|
24 October 2014 |
|
Criminal law|Evidence Law|Burden of Proof
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20 October 2014 |
|
Criminal law
|
2 October 2014 |
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Criminal law|Burden of Proof
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2 October 2014 |
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Criminal law|Burden of Proof
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1 October 2014 |
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Criminal law
|
1 October 2014 |
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Criminal law|Burden of Proof
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1 October 2014 |
| September 2014 |
|
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Criminal law|Burden of Proof
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30 September 2014 |
|
Criminal law|Evidence Law
|
29 September 2014 |
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Criminal law|Evidence Law
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29 September 2014 |
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Criminal law|Evidence Law|Burden of Proof
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22 September 2014 |
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Criminal law|Evidence Law|Burden of Proof
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22 September 2014 |
|
Criminal law
|
19 September 2014 |
|
Conviction for obtaining money by false pretence quashed where prosecution evidence was uncorroborated and raised reasonable doubt.
Criminal law – Obtaining money by false pretence – Ingredients of the offence – necessity to prove false representation, knowledge, intent and delivery beyond reasonable doubt; Appeal – appellate duty to re-evaluate evidence and quash unsafe convictions; Evidence – requirement for corroboration, credible witnesses and documentary proof where available; Conviction unsafe where prosecution case is inconsistent and uncorroborated.
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18 September 2014 |
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Appellate court upholds conviction and 10 million compensation, finding evidence credible and no miscarriage of justice.
Criminal appeal – evaluation of evidence on appeal; credibility and demeanour findings; alleged contradictions and corroboration; alleged judicial bias; sentencing – award of compensation and appropriateness of sentence.
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18 September 2014 |
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Equivocal plea and inadequate medical evidence: grievous harm conviction substituted for actual bodily harm and sentence reduced to 12 months.
* Criminal procedure – Plea of guilty – Necessity to plead to all ingredients of the offence – Equivocal plea cannot sustain conviction for a more serious offence.
* Evidence – Medical report – Single finger injury insufficient to support charge of grievous harm.
* Sentencing – Court’s power under s.34(1) and 2(b)(c) CPC to substitute conviction and alter sentence.
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18 September 2014 |
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Circumstantial proof—threats, medical evidence and a sniffer dog—established a juvenile’s guilt for murder beyond reasonable doubt.
* Criminal law – murder – elements: death, unlawful act, malice aforethought, participation.
* Circumstantial evidence – threats, body positioning, and canine tracking used to infer guilt.
* Evidentiary weight of sniffer-dog evidence – admissible with caution and requires corroboration and handler testimony.
* Children's testimony – corroboration by physical and circumstantial facts.
* Juvenile procedure – death penalty provision not applicable; refer juvenile to Family and Children’s Court for orders.
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15 September 2014 |
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Conviction on an uncharged, non-cognate offence violated fair-trial rights; judgment set aside and retrial ordered.
Criminal law – dishonoured/bouncing cheque – conviction on uncharged offence – obtaining goods by false pretence not minor and cognate – accused’s right to be informed and to a fair opportunity to defend – mis-evaluation of evidence – conviction set aside; retrial ordered.
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11 September 2014 |
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Accused 1 and 2 convicted of murder and four counts of aggravated robbery; accused 3 and 4 acquitted; consecutive custodial sentences and compensation ordered.
Criminal law – Murder – proof of death and malice aforethought – identification and corroboration. Criminal procedure – use of co-accused’s confession – caution and requirement of independent corroboration. Aggravated robbery – proof of theft and use of deadly weapon. Acquittal where evidence insufficient.
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10 September 2014 |
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The accused acquitted of making false documents but convicted for obtaining money by false pretence and being privy to falsification.
Criminal law – Indictment particulars and procedural defects – Reasonable information requirement; Forgery and making false documents – interrelationship of sections 342, 345, 346, 347 and 351 PCA; Accomplice confession – caution and need for corroboration; Evidence – visual identification in daylight and bank transaction records as corroboration; Delegation of prosecution – URA acting under DPP appointment; Offences: obtaining money by false pretence; procuring another to commit an offence; director privy to falsification.
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1 September 2014 |
| August 2014 |
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Criminal law
|
27 August 2014 |
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Criminal law
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27 August 2014 |
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Criminal law|Evidence Law|Burden of Proof
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27 August 2014 |
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Court convicted both accused of vehicle theft based on direct identification and phone-tracking corroboration; sentenced to five years and compensation.
* Criminal law – Theft of motor vehicle – ingredients of theft (movable property, asportation, intention to permanently deprive) * Identification evidence – close-range hotel transactions, exhibited passports, registration forms and receipts * Circumstantial evidence – phone call data, SIM cards, handset recoveries and travel history corroborating identity * Common intention (s.20 Penal Code Act) inferred from communications and conduct * Sentence – custodial term and compensation ordered under s.265 Penal Code Act and s.126 TIA
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27 August 2014 |
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Criminal law|Evidence Law|Burden of Proof
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22 August 2014 |
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Criminal law
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22 August 2014 |
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Criminal law
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22 August 2014 |
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Criminal law
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20 August 2014 |
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Criminal law
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8 August 2014 |
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Conviction for aggravated defilement: victim’s age and penetration proved; accused identified and sentenced to five years with rehabilitation consideration.
* Criminal law – Aggravated defilement – Elements: proof of victim’s age below 14, proof of sexual penetration, and identification of accused. * Evidence – Proof of age by parents’ testimony and police records; medical evidence corroborating penetration. * Identification – Victim and eyewitness identification, suspect’s conduct and signed police statement corroborative. * Sentencing – Mitigation for youth and first offender status; emphasis on rehabilitation and deterrence.
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7 August 2014 |
| July 2014 |
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Criminal law
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19 July 2014 |
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Criminal law
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18 July 2014 |
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Criminal law
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16 July 2014 |
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Criminal law
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16 July 2014 |
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Criminal law
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16 July 2014 |
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Post‑Kigula resentencing: court substituted death with 38‑year prison terms after weighing aggravators, mitigation, and remand time.
Criminal law – Sentencing – Resentencing after abolition of mandatory death penalty (Kigula/Ambaa) – High Court discretion to impose imprisonment – Consideration of aggravating and mitigating factors – "Rarest of the rare" doctrine – Deduction for time on remand – 38‑year terms imposed.
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16 July 2014 |
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Criminal law
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16 July 2014 |
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Criminal law
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16 July 2014 |
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Following abolition of mandatory death sentences, the convict was resentenced to 37 years imprisonment, with remand time deducted.
Criminal law – Sentencing after invalidation of mandatory death penalty; remission for mitigation; application of Constitutional sentencing guidelines; consideration of aggravating (brutal murder of a child) and mitigating factors (first offender, reports, remand time); deduction of remand time from sentence.
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16 July 2014 |
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Criminal law
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3 July 2014 |
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Criminal law
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3 July 2014 |
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Criminal law
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1 July 2014 |
| June 2014 |
|
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Appellate court upheld convictions for forgery and related offences, confirming accomplice testimony may suffice under Section 132 Evidence Act.
Criminal law – forgery, uttering false documents and obtaining registration by false pretences; accomplice evidence – competency and sufficiency under Section 132 Evidence Act; appellate re-evaluation of trial court’s assessment of documentary and witness evidence; corroboration not always required for accomplice testimony.
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25 June 2014 |
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Criminal law
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24 June 2014 |
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Constitutional Law|Criminal law|Human Rights
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20 June 2014 |