|
Citation
|
Judgment date
|
| July 2016 |
|
|
The accused's recent possession of the victim's property and circumstantial evidence established guilt for murder and aggravated robbery.
Criminal law – Murder – Elements: unlawful death, causation, malice aforethought, participation – proved by circumstantial evidence. Criminal law – Aggravated robbery – recent possession of victim's property and evidence of violence as proof of robbery. Evidence – Recent possession doctrine; accused's failure to give credible explanation. Evidence – Admissibility of foreign police documents and official statements under Evidence Act s.77(1) and exceptions to hearsay.
|
29 July 2016 |
|
Court convicted accused of murder on reliable eyewitness identification, corroborated by motive and prior threats.
Criminal law – Murder: elements of death, unlawfulness and malice aforethought; identification evidence and its reliability; corroboration by circumstantial evidence and prior threats (recent threats doctrine); alibi and contradictions assessed for reasonable doubt.
|
28 July 2016 |
|
Accused convicted of murder on reliable identification and cogent circumstantial proof of manual strangulation.
Criminal law – murder – elements: death, unlawfulness, malice aforethought – cause: manual strangulation; Identification – reliability of single witness (Nabulere/Bogere tests); Circumstantial evidence – cogency and exclusion of innocent explanation (Masanja); Conduct after offence (disappearance) as probative of guilt.
|
28 July 2016 |
|
Criminal law
|
26 July 2016 |
|
Criminal law
|
25 July 2016 |
|
Murder conviction: death not mandatory; starting point raised for aggravation, guilty plea discounted, three years remand set off to 22 years.
Criminal law – Murder – death penalty discretionary; Sentencing Guidelines – starting point and ability to depart; guilty plea mitigation (one-third) – remand time set-off (Reg.15(2)) – aggravating factors: group attack, firearm, clan motive.
|
25 July 2016 |
|
The respondent acquitted where night-time identification was unreliable and alleged corroboration was inadmissible hearsay.
Criminal law – Aggravated defilement; Proof of age and performance via PF3; Identification by single witness at night – reliability requirements; Hearsay – statements of absent witness inadmissible when not called to testify; Failure to call corroborative witness undermines prosecution case.
|
25 July 2016 |
|
Court accepted a guilty plea bargain and sentenced the accused to ten years’ imprisonment for defilement of a child.
Criminal law – Defilement (s.129(3) & (4)(a) Penal Code Act) – Plea bargaining – requirement of voluntariness and factual basis – sentencing under Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013 – victim impact and sentencing precedents.
|
25 July 2016 |
|
Court accepted a knowing plea bargain and imposed the agreed ten-year sentence for aggravated defilement of a child.
Criminal law – Plea bargaining – Validity: requirements for a knowing, voluntary and factually supported guilty plea; Criminal law – Sexual offences – Aggravated defilement of a child: aggravating factors include young victim, force, psychological harm, and venereal disease; Sentencing – Application of Sentencing Guidelines and appellate precedents in accepting an agreed custodial term; Procedure – Right to appeal against legality and severity of sentence within statutory period.
|
25 July 2016 |
|
The accused was convicted of aggravated defilement of two girls under 14 and sentenced to 13 years’ imprisonment concurrent after remand credit.
Criminal law – Aggravated defilement – elements: age under 14, performance of sexual act, accused's participation and identification. Evidence – corroboration by victims, parent and PF3 medical reports. Identification – positive eyewitness identification and detention by neighbours. Sentencing – aggravating factors (multiple victims, home, gender-based violence), mitigating factor (accused's age), and remand credit; concurrent sentences.
|
22 July 2016 |
|
Undated affidavit not fatal; inconsistencies in prosecution evidence failed to show flight risk, so bail granted with strict conditions.
Criminal procedure – Bail – Undated affidavit not necessarily fatal; court may consider merits in interest of substantive justice; burden to show risk of absconding or witness interference; bail may be granted with stringent conditions to mitigate risks.
|
20 July 2016 |
|
Court granted bail for aggravated defilement, holding an undated affidavit not fatal and imposing stringent protective and financial conditions.
Criminal procedure – Bail – application under Article 23(6) and Trial on Indictments Act s.14; undated affidavit – formality not fatal; proof of absconding and witness interference; imposition of protective and financial bail conditions.
|
20 July 2016 |
|
Convicted applicants granted bail pending appeal under stringent bonds and monthly reporting to mitigate flight risk.
Criminal procedure – Bail pending appeal – Convicted persons bear heavier burden because presumption of innocence no longer applies; Factors: character, prior bail compliance, prospects of appeal, likelihood of delay, nature of offence; Sureties – suitability and ability to mitigate flight risk; Bail conditions – cash and non-cash bonds and periodic reporting.
|
14 July 2016 |
|
A foreign accused with weak local ties and potential to influence a witness denied bail for flight and interference risks.
Bail — criminal procedure — application for bail after committal on indictment; discretion under Trial on Indictments Act; special circumstances; flight risk factors (foreign nationality, lack of proof of residence, absence of passport); adequacy of sureties; risk of interference with witness where accused is related to complainant; seriousness of offence.
|
14 July 2016 |
|
Bail denied for indicted murder suspects due to gravity, alleged confession, flight risk and danger of mob justice despite long remand.
Bail — Indicted persons — Special circumstances under Trial on Indictments Act and Article 23(6)(c) — Discretionary nature of bail — Consideration of presumption of innocence, prolonged remand, gravity of offence, risk of flight and mob justice.
|
14 July 2016 |
|
Court denied proof of infancy but exercised discretion to grant bail with stringent bonds and reporting conditions.
Criminal procedure – Bail – Applicant charged with aggravated robbery – Burden to prove exceptional circumstances (e.g., infancy) when State opposes bail – Court’s discretion to grant bail absent proved exceptional circumstances – Appropriate rigorous conditions to secure attendance.
|
14 July 2016 |
|
Court granted bail pending treason trial, finding advanced age, good antecedents and substantial sureties satisfied exceptional circumstances.
Criminal procedure – Bail pending trial for treason – Application under Article 23(6) Constitution and Trial on Indictments Act ss.14–15 – Exceptional circumstances (advanced age) – Presumption of innocence – Requirement for evidential basis to show risk of interfering with investigations – Substantial sureties and reporting conditions.
|
12 July 2016 |