[2018] UGHCCRD 104

[2018] UGHCCRD 104

The court found that while the prosecution proved the death of the deceased, its unlawful cause, and malice aforethought, it failed to prove the participation of the accused persons beyond reasonable doubt. The evidence presented by prosecution witnesses was riddled with contradictions, inconsistencies, and lacked...

Source-derived case information.

Citation
[2018] UGHCCRD 104
Parties
Applicant: Uganda; Defendant: Sentongo Robert; Defendant: Sentongo Stanley; Defendant: Kaggwa Enock; Defendant: Mujjabi Asanasio; Defendant: Serunga Edrisa Senjobe; Defendant: Wasswa Robert; Defendant: Kigayaza Eridadi; Defendant: Kiiza Stephen; Defendant: Sematalo Sentongo Godfrey; Defendant: Bogeere Sentongo
Court
HC: Criminal Division (Uganda)
Jurisdiction
Uganda
Judgment Date
17 January 2018
Case Number
HCT-00-CR-SC-0035-2016
Procedural Posture
Criminal Law / Judgment
Outcome
acquittal
Judges
Musene, J
Legal Topics
Murder, Proof of Ingredients, Identification Evidence, Malice Aforethought, Common Intention, Circumstantial Evidence
Source Language
english
Criminal Law Murder Proof of Ingredients Identification Evidence Malice Aforethought Common Intention Circumstantial Evidence

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Parties

Uganda

Applicant

Sentongo Robert

Defendant

Sentongo Stanley

Defendant

Kaggwa Enock

Defendant

Mujjabi Asanasio

Defendant

Serunga Edrisa Senjobe

Defendant

Wasswa Robert

Defendant

Kigayaza Eridadi

Defendant

Kiiza Stephen

Defendant

Sematalo Sentongo Godfrey

Defendant

Bogeere Sentongo

Defendant

Procedural Posture

Criminal Law / Judgment

Legal Issues

  1. 1 Whether the death of Kalanzi Carlos Kallisa occurred and was unlawfully caused.
  2. 2 Whether malice aforethought was present in the killing.
  3. 3 Whether the accused persons participated in causing the death of the deceased.

Ratio Decidendi

The court found that while the prosecution proved the death of the deceased, its unlawful cause, and malice aforethought, it failed to prove the participation of the accused persons beyond reasonable doubt. The evidence presented by prosecution witnesses was riddled with contradictions, inconsistencies, and lacked corroboration. The identification of the accused was unreliable, and the prosecution did not disprove the alibi defences raised. There was no evidence of common intention or circumstantial evidence pointing irresistibly to the guilt of the accused. Consequently, the prosecution failed to prove the last ingredient of murder, and the accused were acquitted.

Court Disposition

acquittal

Orders

  • All accused persons are acquitted of the charge of murder and set free.