Court name
High Court of Uganda
Judgment date
23 April 2004

Uganda v Mutambuzi Lawrence (HCT-05-CR-SC-2003/67) [2004] UGHC 42 (23 April 2004);

Cite this case
[2004] UGHC 42
Short summary:

Criminal law

 

 

THE REPUBLIC OF UGANDA

 

 

 

IN THE HIGH COURT OF UGANDA AT MBARARA

 

 

HCT-05-CR-SC-0067 OF 2003

UGANDA :::::::::::::::::::::::::::::::::: PROSECUTOR

 

VERSUS

A1. MUTAMBUZI LAWRENCE
 A2. MATSIKO GORDON               

A3. MWEBEMBEZI GABITO             :::::::: ACCUSED
 
A4. ATUKWASE ROBERT
 
A5. MUGISHA WILLIAM ALEX

BEFORE: HON. MR. JUSTICE PAUL K. MUGAMBA
JUDGMENT
:-
 

 
 
Mutambuzi Lawrence (A1), Matsiko Gordon (A2), Mwebembezi Gabito (A3), Atukwase Robert alias Wycliff (A4) and Mugisha William Alex (A5) are charged with aggravated robbery, contrary to sections 285 and 286 (3) of the Penal Code Act.

Four witnesses were produced by the prosecution to prove its case: Kyomugasho Gaudensia (PW1), Nyamihanda Jovasi (PW2), Garangira David (PW3) and Enos Kamugisha (PW4). Medical evidence of examination of PW3 and PW2 was agreed upon and admitted in evidence as exhibit P1 and P2 respectively. In their defence the accused persons made sworn statements but called no witnesses.

Briefly the prosecution case is that on the night of 28th/29th November 2002 the accused persons went first to the home of PW1, daughter-in-law to both PW2 and PW3. There they forced their way into her house. After they stole her shs.15,000/= they ordered her to lead them to the home of PW2 and PW3. The intruders carried two torches and two pangas and stole a third panga from