Ngobya v Uganda (Criminal Appeal No. 265 of 2011) [2018] UGCA 48 (30 July 2018)

Flynote

Criminal law

Case summary

On inconsistencies court agrees with the trial judge that the evidence concerning the date of defilement was a minor contradiction that did not go to the root of the prosecution case. On hearsay evidence court relied on the evidence of the victim’s parents to prove defilement which is admissible evidence and this was corroborated by the medical examination report. In participation, the trial judge relied on the conduct of the accused of running away when he saw the victim and her father approach his house which is upheld that in absence of direct evidence there was cogent and admissible evidence to prove the appellant’s participation in the commission of the offence. On alibi court upheld the decision of the trial court that the appellant was placed at the scene of the crime and dismissed the alibi. On sentencing court agrees with the appellant that the time spent on remand was not considered and thus considered the mitigating and aggravating factors and reduced the sentence to 15 years from the time of conviction.

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