THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

HOLDEN AT MUKONO

HCT-03-CR-SC-0092 OF 2010

THE REPUBLIC OF UGANDA  ::::::::::::::::::::::::::::::  PROSECUTOR

VERSUS

A1.  BIZIBU VICENT                                 

A2.  KULABAKO KAYONDO RICHARD  :::::::::::::::  ACCUSED

BEFORE:  HON. MR. JUSTICE RUBBY AWERI OPIO

JUDGMENT

The accused Bizibu Vincent and Kulabako Kayondo Richard and others still at large were indicted for aggravated robbery contrary to Section 285 and 286 (2) of the Penal Code Act.

The particulars of the indictment alleged that the accused and others still at large on the 12^th December, 2008 at Bisaka village in Kayunga District robbed Mayanja Ben of cash Shilling one million, Aron Bicycle, four bags of coffee, one mobile phone Nokia Serial Number 358961819435, one cap and at the time of the robbery used a deadly weapon to wit a panga on the said Mayanja Ben.

The background facts of the case were as follows:-

On the night of 12^th December, 2007 the accused persons broke into the house of Mayanja Ben with pangas, torches and straight away demanded for money from the victim which he had allegedly got from the proceeds of coffee sales.  The accused persons cut both feet of Ben Mayanja and tied him with ropes.  They robbed one million Shillings, bicycle, four bags of coffee, a mobile phone and one cap from Ben Mayanja.  They also cut the fingers of