Court name
High Court of Uganda
Case number
HCT-04-CR-CR-2012/1
Judgment date
7 February 2012

Uganda v Namugongo (HCT-04-CR-CR-2012/1) [2012] UGHC 16 (07 February 2012);

Cite this case
[2012] UGHC 16

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA

HOLDEN AT MBALE

 

HCT-04-CR-CR-0001-2012

(FROM SIRONKO CRIMINAL CASE NO. 225/2011)

 (CRB NO. 100/2011)

UGANDA………………….…………………..………………PROSECUTOR

VERSUS

NAMUGONGO JOB ..……………….….………………………….ACCUSED

 

BEFORE: THE HON. MR. JUSTICE MUSOTA STEPHEN

 

ORDER IN REVISION

 

The brief record by the trial Magistrate shows that this was a mistrial and a travesity of justice.  Criminal procedure and all the rules governing plea taking were flauted by the trial Magistrate (see Adan v. R).

 

Although the accused was present, nobody appeared for the prosecution.

The record does not indicate whether the charge was read and explained to the accused person.

The words used by the accused in the purported admission of the offence were not recorded.

 

Upon the purported plea of guilty, court did not find the accused guilty before convicting and sentencing him.

 

Since the State was not represented, court did not make any inquiry on the antecedents of the accused/convict.

 

Consequently, I will find that the trial of the accused was irregular.  The decision and orders of the trial Magistrate are quashed and set aside.

 

A retrial is ordered before a properly constituted court if the Director Public Prosecutions deems it necessary.

 

I so order.

 

Stephen Musota

JUDGE

7.2.2012