HC: Criminal Division (Uganda) - 2016 June

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7 judgments

Citation	Judgment date
June 2016
Kavuma v Uganda (Criminal Appeal No.55 of 2015) [2016] UGHCCRD 94 (27 June 2016) Appeal dismissed: trial court properly evaluated evidence, proved theft and false pretence, and imposed lawful concurrent sentences. Criminal law – Theft and obtaining money by false pretences – evaluation of evidence on appeal – ownership of property – relevance of investigator’s status – corroboration directions – sentencing within statutory limits.	27 June 2016
Lutu v Uganda (Criminal Appeal No.82 of 2015) [2016] UGHCCRD 89 (27 June 2016) Appeal dismissed where key prosecution witness’s unchallenged evidence, corroborated by others, supported the conviction. Traffic offences – causing death by reckless driving; accessory after the fact – conviction based on unchallenged witness evidence; failure to cross-examine and inference of acceptance; hearsay and Section 59 Evidence Act; appellate re-evaluation of evidence.	27 June 2016
Lwanga v Uganda (Criminal Appeal No.98 of 2014) [2016] UGHCCRD 92 (27 June 2016) The applicant’s appeal against robbery conviction and four-year sentence dismissed; conviction, sentence and compensation affirmed. Criminal law – Robbery with violence – Elements: theft, use of violence, and identification of accused – requirement to prove beyond reasonable doubt; judicial evaluation of prosecution and defence evidence. Criminal procedure – Appellate review – materiality of trial judge’s failure to expressly evaluate defence evidence. Sentencing – proper considerations, judicial notice of rising crime, consideration of remand period; sentence within statutory maximum. Compensation – Award of damages under Section 195 of the Magistrates Courts Act for loss and damage arising from robbery.	27 June 2016
Weraga v Uganda (Miscellaneous Application No. 66 of 2015) [2016] UGHCCRD 492 (27 June 2016) Applicant granted leave to adduce post‑trial documents as new evidence because they were unknown at trial and unchallenged. Criminal procedure – Admission of additional evidence on appeal – Section 41 Criminal Procedure Code – New documents obtained after trial – Requirement that evidence was not within party’s knowledge at trial – Unchallenged affidavit evidence – Letters from Administrator General and Commissioner Land Registration admitted for appellate consideration.	27 June 2016
Uganda v Twinamatsiko (Criminal Session Case No. Masaka-cr-0080 of 2011) [2016] UGHCCRD 45 (13 June 2016) Eyewitness evidence and accused’s admission (weapon recovery) established malice aforethought; self-defence rejected, convicted of murder. Criminal law – Murder – proof of elements: death, unlawfulness, malice aforethought and accused’s participation; eyewitness identification; confession and recovery of weapon; self-defence not established.	13 June 2016
Kamya v Uganda (Misc Applic-no0021 of 2016) [2016] UGHCCRD 26 (10 June 2016) Bail denied where offences were grave, sureties inadequate, and claimed medical 'exceptional circumstances' shown to be unproven and based on a false affidavit. Bail — interests of justice test — exceptional circumstances under section 15(1) — economic crimes and asset-recovery considerations — adequacy and capacity of sureties — false affidavits vitiating bail applications.	10 June 2016
Rev Father Santos Wapokra v Uganda [2016] UGHCCRD 48 (7 June 2016)	7 June 2016