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Citation
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Judgment date
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| June 2024 |
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12 June 2024 |
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6 June 2024 |
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6 June 2024 |
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6 June 2024 |
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6 June 2024 |
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6 June 2024 |
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6 June 2024 |
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5 June 2024 |
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5 June 2024 |
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4 June 2024 |
| May 2024 |
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21 May 2024 |
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17 May 2024 |
| April 2024 |
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Accused remanded over 180 days without committal entitled to mandatory bail under Bail Guideline Rule 10(1).
Bail – Mandatory bail under Bail Guidelines Rule 10(1) – entitlement where remand exceeds 180 days without committal; Constitutional right to bail (Art.23(6)(a)); Court’s discretion to impose reasonable conditions despite seriousness of charges.
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29 April 2024 |
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29 April 2024 |
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19 April 2024 |
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Serious medical conditions can constitute exceptional circumstances justifying bail if sureties and reporting conditions mitigate flight or interference risk.
Bail — discretion under Article 23(6)(a) and s.15(1) TIA; exceptional circumstances — medical condition as ground for bail; evidentiary value of prison medical report; requirement to show low risk of absconding or witness interference; imposition of conditions to protect administration of justice.
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16 April 2024 |
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Accused remanded over 60 days without trial is entitled to mandatory bail; court imposed reasonable conditions for release.
• Criminal procedure – Bail – Mandatory release where accused remanded over 60 days without trial commencement (Article 23(6)(b); Rule 9 bail practice directions).
• Constitutional rights – Presumption of innocence relevant to bail but grant not automatic.
• Committal to High Court – Does not negate mandatory bail entitlement if 60 days have already lapsed.
• Bail conditions – Court may impose reasonable monetary and reporting conditions to secure attendance.
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16 April 2024 |
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10 April 2024 |
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9 April 2024 |
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Appellate court upheld attempted murder convictions, dismissed procedural challenge, and reduced sentence to credit remand time.
Criminal law – Attempted murder – proof of mens rea and actus reus may be inferred from weapon use, wounds and conduct; Criminal procedure – Part-heard trial – successor magistrate may act on recorded evidence under s.144 Magistrates Courts Act; Sentencing – Remand credit – Article 23(8) Constitution requires arithmetic deduction of time on remand.
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4 April 2024 |
| March 2024 |
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31 March 2024 |
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31 March 2024 |
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31 March 2024 |
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30 March 2024 |
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28 March 2024 |
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Acquittal where identification was unreliable and search/seizure procedures and exhibit chain of custody were fatally flawed.
Criminal law – Aggravated robbery – elements: theft, violence or deadly weapon, participation; Identification evidence – quality, hearsay, necessity to call identifying witness; Search and seizure – requirement of search warrant and compliance with Police Act s27; Chain of custody and evidential contradictions; Effect of witness bias/grudge on credibility and safety of conviction.
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27 March 2024 |
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25 March 2024 |
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24 March 2024 |
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19 March 2024 |
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18 March 2024 |
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Court reinstated appeal dismissed for want of prosecution after applicant showed sufficient cause and prompt vigilance.
Criminal procedure – reinstatement of appeal dismissed for want of prosecution; Judicature Act s.33 remedial powers; requirement of sufficient cause, vigilance and an arguable appeal; consultation with Director of Public Prosecutions as potential sufficient cause.
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18 March 2024 |
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15 March 2024 |
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13 March 2024 |
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11 March 2024 |
| February 2024 |
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21 February 2024 |
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20 February 2024 |
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Bail pending appeal denied where applicant proved abode and sureties but failed to substantiate insanity claim and offence involved violence.
Criminal procedure — Bail pending appeal — Discretionary jurisdiction; factors: character, first offender, violence of offence, prospects of success, delay, compliance with bail conditions — Proof of fixed abode and substantial sureties — Mental illness pleaded as ground of appeal must be substantiated by recent medical evidence.
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19 February 2024 |
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Failure to follow statutory forfeiture procedure and denial of show-cause hearing rendered surety's committal to civil prison unlawful.
Magistrates' Courts Act, s.83 – forfeiture of recognizance: requirement to record grounds, call on person bound to pay or show cause, issue warrant for attachment and sale before imprisonment; s.80 – discharge of surety; Constitutional right to fair hearing (Art.28) – opportunity to be heard; High Court revision powers under s.50(5) Criminal Procedure Code/ Magistrates' Courts Act and s.17 Judicature Act.
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15 February 2024 |
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Appellate court upheld false‑pretence conviction, quashed intermeddling charge for lack of prosecutorial evidence.
Criminal law – Obtaining money by false pretences (Penal Code s.305) – elements: false representation, knowledge, intent, reliance and loss; Administrator General Act s.11 – intermeddling – prosecution must prove unlawful interference and call estate/Administrator General witnesses; Accomplice evidence – acquitted co‑accused called for defence not treated as accomplices; Compensation – s.197 MCA – material loss and discretionary award; Sentencing appellate review – interference only if manifestly excessive.
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15 February 2024 |
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Appellate court reduced sentence after deducting remand period and ordered restitution of UGX 18,000,000 with interest.
Criminal law – Obtaining money by false pretences – sentencing principles – sentencing guidelines starting point and range; deduction of remand under Article 23(8); ambiguity in sentencing reasons; appellate power to order compensation under section 34(2) and constitutional duty to victims.
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15 February 2024 |
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12 February 2024 |
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Court admitted repudiated charge and caution statement, finding it voluntarily made and properly recorded.
Confession admissibility – trial within a trial to test voluntariness and authorship; Evidence Act ss.23–25; PF24 and credibility assessments; repudiated confessions; handwriting/signature comparison.
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2 February 2024 |
| January 2024 |
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An appeal filed outside the 14-day statutory period without leave or extension is incompetent and dismissed.
Criminal procedure — Appeals — Time limits under section 28 Criminal Procedure Code Act — Notice of appeal and grounds to be filed within 14 days or within 14 days of service of record where requested — Court may extend time for good cause — Failure to apply for extension/leave renders appeal incompetent.
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31 January 2024 |
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Appeal dismissed as incompetent where notice was late and no memorandum, record request, or extension application was filed.
Criminal procedure – appeals – Notice of Appeal – time limit under section 28 – requirement to state grounds or request lower court record. Criminal procedure – appeal competence – necessity of filing memorandum of appeal or requesting record and lodging grounds within statutory periods. Extensions – section 31 applications to enlarge time – affidavit and good cause requirement. Constitutional duty – Article 126(2)(e) and the need to show a plausible or arguable appeal to favour substantive justice.
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31 January 2024 |
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An out-of-time appeal from a guilty plea was summarily dismissed; conviction cannot be appealed absent a challenge to plea legality.
Criminal procedure – Appeal – Summary dismissal under s.32(1)(b) Criminal Procedure Code Act; Appeal out of time – s.28 and s.31(1); Guilty plea – appeals against conviction barred except on legality of plea or extent/legality of sentence (s.204(3) Magistrates’ Court Act; s.132(3) Trial on Indictment Act); Sentence not excessive.
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31 January 2024 |
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The appellant's appeal against a five-year defilement sentence was dismissed; guilty plea and remorse did not warrant leniency.
Criminal law – Sentencing – Appeal against sentence following guilty plea – Limits of appellate interference; mitigating factors (guilty plea, remorse, first offender) versus aggravating factors (violence, breach of trust, pregnancy, need for deterrence) – Defilement (Penal Code s.129) – Five-year sentence upheld as not manifestly excessive.
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25 January 2024 |
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24 January 2024 |
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Amendment of charges does not automatically cancel bail; cancellation requires breach or compelling grounds and evidence of flight risk.
Criminal procedure – Bail – High Court’s power under section 75(4) Magistrates Courts Act to grant or vary bail where magistrate refused or cancelled bail. Bail – Cancellation – requires compelling reason or breach of conditions; mere amendment of charge sheet does not automatically revoke bail unless jurisdictional/serious change. Factors – prior compliance with bail, fixed abode, and evidence of flight risk are relevant.
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23 January 2024 |
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Appeal upheld in part: trespass conviction affirmed; malicious damage, forgery and uttering convictions quashed; remand time deducted.
Criminal law – criminal trespass – proof of intentional entry – direct and circumstantial identification evidence. Evidence – hearsay – uncalled witness (caretaker) – inadmissibility and effect on malicious damage charge. Procedure – amendment of charge under s.132 MCA – duty to inform accused of right to recall witnesses and adduce further evidence; failure amounts to miscarriage of justice. Forgery and uttering – requirement to prove document was made by accused and need for handwriting/possession evidence or expert evidence. Sentencing – requirement under Article 23(8) to deduct remand time arithmetically.
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23 January 2024 |
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Accused convicted of aggravated robbery based on reliable identification, proof of theft and medical evidence of grievous harm.
Criminal law – Aggravated robbery – ingredients: theft, actual violence or grievous harm, and participation. Evidence – Identification – reliability of single witness identification; factors: familiarity, time observed, lighting, and absence of malice. Evidence – Medical evidence (PF3) corroborating grievous bodily harm. Defence – Alibi: accused must account for time to render alibi credible; prosecution must disprove alibi to meet standard beyond reasonable doubt.
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17 January 2024 |