Court name
Supreme Court of Uganda
Judgment date
16 October 2007

Olwol v Uganda (Criminal Appeal-2005/19) [2007] UGSC 9 (16 October 2007);

Cite this case
[2007] UGSC 9
Short summary:

Criminal law, Evidence Law, Burden of Proof, Evaluation of Evidence

 

IN THE SUPREME COURT OF UGANDA
AT MENGO

 
CORAM: ODOKI, CJ, TSEKOOKO, MULENGA, KANYEIHAMBA
AND KATUREEBE
, JJ.S.C.
 

CRIMINAL APPEAL NO. 19 OF 2005

 

BETWEEN

 

OLWOL WILLIAM:::::::::::::::::::::::::::::::::::::::::::::APPELLANT
 

AND

 

UGANDA::::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT
(Appeal from judgment of the Court of Appeal (Okello, Byamugisha and Kavuma JJ.A.) at Kampala dated 7th April 2005 in Criminal Appeal No.138/01)

 

JUDGMENT OF THE COURT.
This appeal is against a decision of the Court of Appeal upholding the judgment of Zehurikize Ag.J., convicting Olwol William, the above named appellant, for simple robbery and sentencing him to 10 years imprisonment.

The robbery in issue was committed on 15th December 1999, in Ntinda, a Kampala City suburb, at Plot 39/41 Martyrs Way, which is the residence of Ravinda Singh Chauhan, PW1. The appellant, an employee of a private security company named Interid, was deployed at the residence as a security guard. At about 9.30 p.m., while Singh and his wife were in their sitting room watching T.V., two robbers who were strangers entered the room. One of them put Singh at gun point and the other snatched two cellular phones from him and disconnected the landline telephone. The robbers demanded for money. Singh agreed to the demand and went to his bedroom with one robber while the gunman remained in the sitting room keeping Singh’s wife at gunpoint. In the bedroom, Singh surrendered to the robber US $ 3,500,

2,500 and unascertained amount of Uganda shillings. Thereafter the robbers left.

Shortly after the robbers left, Singh went out to check on the appellant who should have been on guard. He did not find him. He noted that the gate was locked from inside and concluded that the appellant had gone with the key for the main gate. He walked through the side gate to the