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Citation
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Judgment date
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| December 2023 |
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21 December 2023 |
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Prosecution failed to establish a prima facie case of aggravated defilement; medical evidence showed rectal prolapse, not sodomy.
Criminal law – Aggravated defilement – Prima facie case under s.73 Trial on Indictments Act – Essential element: proof of sexual act (penetration) – Medical evidence (rectal prolapse) versus allegations of sodomy – Quality and consistency of witness evidence; circumstantial evidence must point unequivocally to accused.
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20 December 2023 |
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Repeat serial murderer sentenced to 40 years (net 37y3m17d); sentences ordered to run consecutively.
Criminal law – Murder – Multiple/serial murders – aggravating factors: abuse of trust, strangulation and burning of bodies – mitigating factors: guilty plea, youth – Sentencing Guidelines (2013) – deduction of remand time – concurrent vs consecutive sentences (Trial on Indictment Act s122).
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13 December 2023 |
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Repeat offender who murdered girlfriend and infant sentenced to concurrent 35‑year terms, remand deducted.
Criminal law – Murder – Sentencing – aggravating factors: brutality, breach of trust, repeat offending/serial pattern – mitigating factors: youth, guilty plea, remorse – Law Revision (Penalties) (Amendment) Act 2019 permitting fixed terms for life offences – remand deduction – concurrent sentences for single transaction.
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13 December 2023 |
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Convict guilty of a brutal, serial murder sentenced to 30 years, credited for remand, leaving 27 years to serve.
Criminal law – Murder – Sentencing: life imprisonment vs. fixed term; guilty plea as mitigation; serial killings and burning of body as aggravation; sentencing guidelines and statutory definition of life imprisonment; credit for remand period.
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13 December 2023 |
| November 2023 |
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20 November 2023 |
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High Court set aside proceedings for coerced payments, defective charge sheet and improper reconciliation.
Criminal procedure – revision powers of High Court; coerced payments/reconciliation in criminal trials; defective charge sheets (statement vs particulars); reconciliation not permitted for felonies; judicial bias/recusal obligations; jurisdiction of magistrate.
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9 November 2023 |
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9 November 2023 |
| October 2023 |
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30 October 2023 |
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26 October 2023 |
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Court must ensure interpreter’s dialect competence; failure to do so can vitiate a guilty plea and require retrial.
Criminal procedure – Right to interpreter – Court’s duty to ascertain accused’s language and interpreter’s competence – Dialect-specific interpretation – Failure to provide adequate interpretation amounts to substantial miscarriage of justice – Guilty plea invalidated where accused did not meaningfully understand proceedings.
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25 October 2023 |
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19 October 2023 |
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Court convicted five accused of kidnap, murder and aggravated robbery; acquitted a sixth for lack of participation.
* Criminal law – Kidnap with intent to murder – elements: forcible taking, against will, intent to kill inferred from subsequent murder. * Criminal law – Murder – malice aforethought inferred from nature and severity of blunt force head injuries; post‑mortem and medical evidence. * Criminal law – Aggravated robbery – theft, violence, deadly weapon, and participation; corroboration by mobile‑money withdrawals and witnesses. * Evidence – accomplice testimony, confessions and scene‑reconstruction video admissible if voluntary and corroborated. * Evidence – call‑data analysis and circumstantial evidence can corroborate participation and movements. * Defence – late alibi may be afforded little weight. * Criminal liability – common intention under section 20 establishes joint liability.
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19 October 2023 |
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17 October 2023 |
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17 October 2023 |
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17 October 2023 |
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17 October 2023 |
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16 October 2023 |
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16 October 2023 |
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16 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
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12 October 2023 |
Criminal law—obtaining money by false pretense—revisionary powers—discretion to stay proceedings—same transaction rule—overlapping criminal and civil issues—subject matter consistency—prejudice to accused—abuse of process—conflicting judgments—procedural fairness—Section 209 Magistrates Courts Act—judicial discretion—expeditious trials—Director of Public Prosecutions' powers—civil-criminal case balance.
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11 October 2023 |
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6 October 2023 |
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5 October 2023 |
| September 2023 |
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28 September 2023 |
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28 September 2023 |
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Conviction quashed where indictment was defective and guilty plea was taken on the wrong statutory charge.
* Criminal revision – High Court powers under Sections 48 and 50 Criminal Procedure Code Act and Judicature Act – corrective jurisdiction for errors or miscarriages of justice. * Indictment/charge sheet – requirement to specify correct statutory provision – defective charge invalidates proceedings. * Plea-taking – guilty plea entered on defective charge where offence not properly stated is improper. * Miscarriage of justice – conviction nullified; accused entitled to release; prosecution may prefer fresh correct charges.
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27 September 2023 |
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Appellant’s trespass conviction upheld; remand-based illegal sentence set aside and substituted with a caution.
* Criminal trespass – elements – possession, unlawful entry, and intention to annoy or intimidate; proof required for de facto possession. * Evidence – evaluation of contradictions and materiality; role of documentary evidence, handwriting verification and admissions. * Sentence – illegality of sentencing to time spent on remand beyond statutory maximum; constitutional protection (Article 23(8)). * Judicial practice – caution against prolonged remands and ensuring rights under Article 20(2) and 23(8).
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23 September 2023 |
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Conviction for criminal trespass upheld; illegal time-served sentence set aside and substituted with a caution.
Criminal trespass – elements: possession, unlawful entry and intent to annoy or intimidate – proof of de facto possession by outward acts; evidentiary value of sales agreements and handwriting expert; admissions in police statement; illegality of sentencing equal to time on remand exceeding statutory maximum; Article 23(8) relevance to remand and sentencing.
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23 September 2023 |
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Acquittal where theft was unproven and an unchallenged alibi plus unsafe identification defeated the prosecution.
* Criminal law – Aggravated robbery – elements: theft, violence/threat, use of deadly weapon, participation.
* Evidence – Witness credibility – contradictions in victim’s statements undermining proof of theft.
* Evidence – Identification – night-time, surprise and inadequate light render identification unsafe.
* Criminal procedure – Alibi – prosecution’s duty to disprove an unchallenged alibi.
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20 September 2023 |
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Forfeiture under the Forestry Act stands unless an alleged owner adduces persuasive ownership evidence, notably registration documents.
* Criminal procedure – Revision jurisdiction – High Court powers under Judicature Act and sections 48, 50 CPCA to examine magistrates’ court records and alter orders.
* Forestry law – National Forestry and Tree Planting Act 2003 s.84 – Court may forfeit vehicles used to commit forestry offences.
* Evidence of ownership – vehicle registration card is prima facie evidence of ownership; absence weakens owner's challenge to forfeiture.
* Procedure – Non-party owners may petition for revision under s.50(5); DPP/right to be heard considerations where applicable.
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15 September 2023 |
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Identification and DNA evidence were insufficient to prove the accused’s participation in aggravated robbery and rape.
Criminal law – aggravated robbery – elements: theft, use/threat of violence, deadly weapon, participation – identification evidence – reliability in poor lighting – DNA evidence excluding accused – impact of witness grudge on credibility – burden of proof beyond reasonable doubt.
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15 September 2023 |
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Acquittal where theft and violence were proved but accused participation and identity were not established beyond reasonable doubt.
Criminal law – Aggravated robbery – elements: theft, violence, deadly weapon, participation; Identification evidence – night-time, poor lighting, familiarity and caution; DNA forensic evidence – exclusion of accused as donor of seminal stain; Witness credibility – alleged grudge and inconsistencies; Burden of proof – prosecution must prove guilt beyond reasonable doubt.
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15 September 2023 |
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Appellate court reduced an excessive one-year theft sentence to three months for remorse and willingness to restitute.
Criminal law – Sentencing – Mitigating factors (guilty plea, restitution, lack of prior record) – Appellate review of sentence – Reduction of manifestly excessive sentence.
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13 September 2023 |
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Bail denied where contradictory documents and dishonesty undermined trust and showed real risk of absconding.
Constitutional law – right to apply for bail (Art 23(6)(a)); mandatory bail (Art 23(6)(b)) – applicability after 60 days; Bail conditions – fixed abode, substantial sureties, nexus, public interest; Credibility and false documents – undermining trust and risk of absconding; Trial on Indictments Act ss.14,15(4); Magistrates Courts Act s.77(2).
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12 September 2023 |
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The High Court confirmed the respondent’s three-year sentence for attempted theft as properly convicted and sentenced.
Criminal law – Attempted theft – Elements of attempt (intent, substantial step, failure to complete) – Guilty plea – Confirmation of magistrate’s sentence under section 173 Magistrates Courts Act – Sentence affirmed.
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11 September 2023 |
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8 September 2023 |
Criminal law—revision—Computer Misuse Act—jurisdiction—defective charge sheet—territorial nexus—identity of device—failure to prove location—charge ambiguity—cyberstalking ingredients—right to fair trial—miscarriage of justice—conviction quashed—sentence set aside—applicant released
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7 September 2023 |
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A two-year imprisonment sentence by a Chief Magistrate does not require High Court confirmation under section 173.
* Criminal procedure – Confirmation of sentence – Section 173 Magistrates Courts Act – Whether sentences imposed by Chief Magistrates require High Court confirmation – Construction excludes Chief Magistrates; confirmation applies to magistrates other than Chief Magistrates for imprisonment of two years or over.
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7 September 2023 |
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Court upheld the conviction, reduced sentence by deducting remand time, and quashed an unsupported compensation order.
* Confirmation of sentence (Magistrates’ Courts Act s.173) – High Court review of convictions and sentences; * Theft – elements required for conviction (possession, ownership, lack of claim of right, intent to permanently deprive); * Sentencing – requirement to deduct remand period arithmetically per Rwabugande; * Substitution of ambiguous/illegal sentence under Criminal Procedure Code Act s.50; * Compensation (Magistrates’ Courts Act s.197(1)) – prosecution must prove value of stolen property before award.
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6 September 2023 |
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6 September 2023 |
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6 September 2023 |
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6 September 2023 |
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6 September 2023 |