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Citation
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Judgment date
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| February 2018 |
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Criminal law
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28 February 2018 |
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Acquittal where poisoning allegation lacked toxicological corroboration and relied on a retracted child confession and circumstantial evidence.
Criminal law – Murder – Elements: death, unlawful act, malice aforethought, participation – requirement of proof beyond reasonable doubt. Evidence – Circumstantial evidence and retracted confession – need to exclude other reasonable hypotheses and, where relied upon, to be corroborated. Forensic evidence – Negative toxicology and postmortem findings undermine poisoning allegation.
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28 February 2018 |
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Criminal law
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28 February 2018 |
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Criminal law
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27 February 2018 |
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Criminal law
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27 February 2018 |
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Criminal law
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27 February 2018 |
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Criminal law
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27 February 2018 |
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27 February 2018 |
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Criminal law
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26 February 2018 |
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Criminal law
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26 February 2018 |
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Criminal law
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26 February 2018 |
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Criminal law
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23 February 2018 |
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Criminal law
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22 February 2018 |
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Criminal law
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22 February 2018 |
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Criminal law
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21 February 2018 |
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Intent to murder not proved; accused convicted of kidnapping from lawful guardianship instead.
Criminal law – Kidnapping – Elements: taking away, force or fraud, absence of consent in juveniles, and intent to murder under s243(2) – Six‑month presumption. Joint liability – common purpose (s20 Penal Code). Conviction on minor cognate offence where principal offence not proved (s87 Trial on Indictments).
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20 February 2018 |
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Prosecution proved aggravated defilement of a mentally disabled under-14 child; accused convicted and sentenced to 14 years imprisonment.
Criminal law – Aggravated defilement: proof of age; mental disability under s129(7); child evidence and s40(3) corroboration; identification evidence and its testing; sentencing guidelines and remand set-off.
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20 February 2018 |
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Accused acquitted of murder but two convicted of aggravated robbery; substance rendering victim unconscious can be a deadly weapon.
Criminal law – Murder – proof of death, unlawfulness and malice aforethought; Aggravated robbery – theft proven; substance rendering victim unconscious may constitute a 'deadly weapon' under s286(3)(b); Identification by single witness; Joint liability under s20.
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20 February 2018 |
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Accused convicted on plea of simple defilement; sentenced to 1 year 2 months after mitigation and remand credit.
Criminal procedure – amendment of indictment mid-trial – plea to amended charge accepted. Sentencing – simple defilement (s.129(1) Penal Code) – application of Sentencing Guidelines (2013) and selection of starting point. Sentencing – aggravating factors (age difference) and mitigating factors (youth, first offender, guilty plea, remorse). Sentencing – mandatory set-off for time spent on remand under Article 23(8) Constitution and Guidelines.
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20 February 2018 |
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Criminal law
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20 February 2018 |
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Criminal law
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20 February 2018 |
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Criminal law
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20 February 2018 |
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Accused convicted of murder and aggravated robbery based on forensic evidence, recent possession of stolen vehicle, and discredited alibi.
Criminal law – Murder: proof of unlawful killing and malice inferred from ligature strangulation. Criminal law – Aggravated robbery: theft of motor vehicle and use of deadly weapon (rope) proved. Evidence – Recent possession doctrine: recent possession of stolen property raises strong inference of participation. Evidence – Alibi and documentary proof: prison records can discredit alibi. Evidence – Identification by single witness (former co-accused turned witness): credibility assessment and caution required.
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13 February 2018 |
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Court accepted a voluntary guilty plea for aggravated defilement and imposed six years’ imprisonment.
Criminal law – Plea bargaining – Requirements for a knowing, voluntary and intelligent guilty plea – Factual basis for plea; Sentencing – Aggravated defilement of a child under 13 – Application of sentencing guidelines, appellate precedents and remand credit.
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12 February 2018 |
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Conviction for rape based on medical and visual-identification evidence; sentence 5 years 6 months after remand set‑off.
Criminal law – Rape – ingredients: penetration, lack of consent, identity. Evidence – medical examination as proof of penetration and non-consent; admissibility and weight of night-time visual identification. Sentencing – application of Sentencing Guidelines, comparison with authorities, mitigation, and remand set‑off.
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8 February 2018 |
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Conviction unsafe where victim’s age was unproved and prosecution relied on uncorroborated hearsay.
Criminal law – Aggravated defilement – essential ingredients – proof of victim’s age; Evidence – hearsay and section 59 Evidence Act – inadmissibility of untested third‑party reports as sole proof; Evidence – victim’s non‑appearance and need for corroboration; Standard – prosecution must prove each ingredient beyond reasonable doubt; Conviction unsafe where age unproved and evidence is uncorroborated hearsay.
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8 February 2018 |
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Accused convicted of rape on reliable night identification and common intention; acquitted of aggravated robbery for lack of weapon/asportation.
Criminal law – Rape – visual identification at night – factors for reliability (familiarity, light, proximity, duration, voice recognition); Common intention (s.20 Penal Code Act) – liability of co‑accused; Aggravated robbery – requirement to prove deadly weapon and asportation; Sentencing – application of Sentencing Guidelines, aggravating/mitigating factors and remand credit.
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8 February 2018 |
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Murder not proved for lack of causation; accused convicted of torture for participating in fatal corporal punishment and given time served.
Criminal law – Homicide – causation; necessity of medical evidence where remoteness exists between act and death. Circumstantial evidence – requirement to exclude reasonable hypotheses to moral certainty. Statutory reduction – convicting of lesser cognate offence (torture) where ingredients established. Participation – aiding, abetting and common intention; abandonment defence unavailable if withdrawal occurs during commission. Sentencing – mitigation for first offender and deduction for time on remand.
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8 February 2018 |
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Criminal law
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7 February 2018 |
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Two accused convicted for unauthorized access, electronic fraud and system tampering; two acquitted; warrantless seizures upheld.
Computer Misuse Act – unauthorized use/interception, electronic fraud, unauthorized access and modification of data; possession and procurement of spyware. East African Community Customs Management Act – unauthorized access to customs systems; fraudulent evasion of duty (proof of knowledge and causation). Constitutional and procedural law – validity of indictment signed by authorised DPP officer; effect of post‑charge amendments. Search and seizure – exigent circumstances justify warrantless seizure of computers; forensic imaging (Encase) admissible to preserve integrity of electronic evidence. Duplicity – combined allegations forming a single transaction may be charged in one count.
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7 February 2018 |
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Circumstantial evidence and an inadmissible police-custody statement were insufficient to prove the accused guilty beyond reasonable doubt.
Criminal law – Murder – elements: death, unlawful killing, malice aforethought, and causal participation. Evidence – Circumstantial evidence – must exclude every reasonable hypothesis other than guilt. Evidence – Confession – inadmissibility of confessions made in police custody absent presence of required senior officer (s.23(1) Evidence Act). Standard of proof – beyond reasonable doubt and limits of inference from demeanour and absence from scene.
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7 February 2018 |
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Criminal law
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7 February 2018 |
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Accused sentenced to eight years for aggravated defilement after guideline starting point, reduced for late guilty plea and remand credit.
Aggravated defilement; sentencing guidelines; starting point and discounts; late guilty plea mitigation; remand credit; victim/family forgiveness as mitigating factor; reliance on appellate precedent (Ninsiima, Kato Sula, Bashir Ssali, Tujunirwe).
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6 February 2018 |
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Criminal law
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6 February 2018 |
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Victim's statements and corroborative medical evidence upheld conviction for aggravated defilement despite no semen proof.
Criminal law – Aggravated defilement – elements: victim under 14; sexual act/penetration; evidential standard beyond reasonable doubt; corroboration by medical evidence and victim's statements. Evidence – medical examination showing vulval inflammation and mucoid discharge as corroboration of sexual assault; absence of proof of semen not fatal to prosecution. Evidence – credibility: accused's inconsistent explanations and admissions found unreliable; circumstantial evidence sufficient for conviction.
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5 February 2018 |
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Court imposed ten years two months after reducing a 21-year starting point for late guilty plea and remand time.
Criminal law – Rape – Sentencing – Appropriateness of death or life sentences – Application of Sentencing Guidelines and appellate precedents. Sentencing – Starting point and aggravating factors – elderly victim, attack at home, humiliation. Plea of guilty – Mitigating weight – reduction dependent on timing of plea; late plea attracts smaller discount. Remand – Set off of period spent on remand against imposed sentence.
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5 February 2018 |
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Accused acquitted where prosecution failed to establish a prima facie case of rape due to insufficient evidence.
Criminal procedure – prima facie case at close of prosecution; Rape – essential ingredients: carnal knowledge (penetration), absence of consent, identity of accused; insufficiency of hearsay/circumstantial evidence and absent victim or medical testimony.
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2 February 2018 |
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Court accepted plea bargain and sentenced the accused to ten years for aggravated defilement despite HIV-related aggravation.
Criminal law – Aggravated defilement – conviction on plea bargain – requirements for a knowing and voluntary plea and factual basis. Sentencing – Capital offence sentencing guidelines – starting point 35 years; death and life imprisonment reserved for most egregious cases. Aggravating factors – victim age (12), physical and emotional trauma, accused HIV positive (unaware) – risk of transmission. Mitigating factors – first offender, remorse, capacity for reform, time spent on remand (five years) – credit in sentencing. Application of precedents – need to apply sentencing guidelines in light of comparable appellate decisions when determining final term.
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1 February 2018 |