Witness Testimony

Okello Vs Uganda (CRIMINAL APPEAL NO.78 OF 2014) [2017] UGCA 83 (7 November 2017);


Search Summary: 

The appellant was indicted and convicted of aggravated defilement and sentenced to 35 years of imprisonment. He appealed against the conviction and sentence on grounds that the trial judge erred in law and fact when he found that the appellant had defiled the victim without ample evidence in proof of that ingredient and that the sentence was illegal and harsh for the trial judge did not take into account the period he had spent on remand and mitigating factors.

Headnote and Holding: 

Court held that it was an error for the trial Judge to swear a child witness before conducting a voire dire and before finding that the child understood the meaning of an oath which resulted into a miscarriage of justice. Court quashed the conviction and acquitted the accused. It was further held that the trial judge erred in law when he did not consider or deduct the period the appellant spent in custody hence the decision was held a nullity. 


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