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Muyingo and 3 Others v Uganda (Criminal Appeal 185 of 2021; Criminal Appeals No. 149 & 185 of 2021)

Court of Appeal · [2024] UGCA 351 · 2024 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal against conviction for murder and sentence of life imprisonment imposed by the High Court
Decision
Appeal dismissed; conviction for murder and sentence of life imprisonment confirmed.

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Holding

The Court of Appeal dismissed the appeal against conviction for murder and sentence of life imprisonment. Procedural irregularities (an unrecorded interpreter, partial cross-examination and a misplaced plea record) caused no failure of justice under section 139 of the Trial on Indictments Act where the appellants participated fully and showed understanding. The recognition evidence of PW1 and PW3, corroborated by PW2, was of good quality and required no corroboration, as identification even by a single witness needs none. The alibi was not pleaded and could not be argued in submissions. Life imprisonment is not subject to the remand-deduction requirement of Article 23(8) of the Constitution. Conviction and sentence were confirmed.

Facts

On 7 August 2019 at Minana-Galabi Village, Mityana District, the deceased — administrator of his grandfather's estate comprising disputed land on which several accused were bibanja holders — was attacked and cut to death with pangas when he went to serve the accused with letters from the Minister of Lands inviting the parties to a settlement meeting. The accused had previously threatened to kill him over his survey and boundary-marking activities. PW1 and PW3, residents who knew the assailants, witnessed the attack in daylight from about 50 and 100 metres respectively; PW1 saw the appellants hold the deceased down and hack at his head and neck, while PW2 overheard telephone arrangements preparing the attack. A blood-stained panga and the ministerial letters were recovered at the scene. The post-mortem recorded deep cut wounds to the head and neck and acute blood loss. Of ten persons indicted, six were acquitted at no-case-to-answer; the four appellants were convicted of murder and each sentenced to life imprisonment.

Issues

  1. Whether the trial was vitiated by procedural irregularities — failure to record an interpreter, denial of opportunity to cross-examine some witnesses, and alleged failure of the 4th appellant to take a plea — so as to breach the constitutional right to a fair hearing.
  2. Whether the trial judge erred in relying on identification evidence said to be inconsistent and contradictory.
  3. Whether the trial judge erred in relying on the allegedly uncorroborated evidence of PW1, PW2 and PW3 to place the appellants at the scene and find their participation in the crime.
  4. Whether the trial judge erred in relying on inconsistent and altered medical examination documents.
  5. Whether breaches in the chain of custody of exhibits diminished their evidential value such that the evidence was wrongly admitted.
  6. Whether the sentence of life imprisonment was harsh and excessive and was imposed without considering the time spent on remand contrary to Article 23(8) of the Constitution.

Orders

  • Appeal dismissed.
  • Conviction for murder and sentence of life imprisonment confirmed.
  • The appellants shall continue to serve the sentence of life imprisonment imposed by the trial court.

Key headnotes

Criminal Procedure — Fair Trial — Procedural Irregularity — Failure of Justice under s.139 Trial on Indictments Act
A finding, sentence or order of the High Court will not be reversed on appeal on account of any error, omission, irregularity or misdirection in the proceedings unless it has in fact occasioned a failure of justice; the omission to record the presence of a court interpreter does not invalidate a trial where the accused participated fully and demonstrated understanding of the proceedings.
Criminal Procedure — Cross-examination of Prosecution Witnesses
There is no requirement that every prosecution witness be cross-examined; where defence counsel elects not to cross-examine a witness, no injustice arises and the court cannot compel cross-examination, save by asking its own questions.
Evidence — Identification — Recognition of Known Persons — Quality of Identification
Where a witness identifies persons already known to them, the identification is recognition, which is more reliable than identification of a stranger; the decisive factor is the quality of the identification — the length of observation, distance, lighting and familiarity — not the number of identifying witnesses.
Evidence — Corroboration — Single Identifying Witness — s.133 Evidence Act
Identification evidence, even of a single identifying witness, does not require corroboration as a matter of law or practice; no particular number of witnesses is required for proof of any fact, and supportive evidence confirming the identification may emanate from the identifying witness himself.
Evidence — Inconsistencies and Contradictions in Witness Testimony
Minor inconsistencies, unless they point to deliberate untruthfulness on the part of prosecution witnesses, should be ignored; only major inconsistencies that go to the root of the case are resolved in favour of the accused, each case being decided on its own facts.
Criminal Procedure — Appeals — Grounds not Pleaded in Memorandum of Appeal — Rules 66(2) and 74 Court of Appeal Rules
An appellant may not, without leave of the court, argue a ground of appeal not specified in the memorandum of appeal; a substantive ground such as a defence of alibi that is merely introduced through submissions, without amendment of the memorandum or leave, will not be entertained.
Criminal Law — Sentencing — Life Imprisonment — Article 23(8) of the Constitution
The requirement under Article 23(8) of the Constitution that a sentencing court take into account the period spent on remand applies only to quantified, deductible terms of imprisonment and does not apply to a sentence of life imprisonment.

Legislation cited (18)

  • Penal Code Act s.188
  • Penal Code Act s.189
  • Penal Code Act s.208
  • Penal Code Act s.191
  • Penal Code Act s.20
  • Trial on Indictments Act s.56
  • Trial on Indictments Act s.57
  • Trial on Indictments Act s.60
  • Trial on Indictments Act s.72
  • Trial on Indictments Act s.139
  • Evidence Act s.133
  • Constitution of Uganda Article 28(3)(f)
  • Constitution of Uganda Article 23(8)
  • Court of Appeal Rules rule 30(1)
  • Court of Appeal Rules rule 66(2)
  • Court of Appeal Rules rule 74
  • Sentencing Guidelines for the Courts of Judicature paragraph 20
  • Sentencing Guidelines for the Courts of Judicature paragraph 21

Cases cited (23)

  • De Souza v Tanga Town Council (Civil Appeal No. 89 of 1960) [1961] EA 377
  • Mweru and Another v Uganda Electricity Distribution Co. Ltd (Civil Appeal No. 281 of 2013)
  • Abiti Moses v Uganda (Criminal Appeal No. 286 of 2016)
  • Adan v Republic [1973] EA 445
  • Wepukhulu Nyguguli v Uganda (Criminal Appeal No. 21 of 2001) [2002] UGSC 14
  • Alfred Tajar v Uganda (Criminal Appeal No. 167 of 1969)
  • Abudala Nabulere and Another v Uganda (Criminal Appeal No. 9 of 1978) [1979] HCB 77
  • Bogere Moses and Another v Uganda (Criminal Appeal No. 1 of 1997) [1998] UGSC 22
  • Roria v R [1967] EA 583
  • Opolot Justine and Another v Uganda (Criminal Appeal No. 155 of 2009)
  • Kalume v Republic [1998] 1 LLR 693
  • Abdalla Bin Wendo and Another v R (1953) 20 EACA 166
  • Uganda v George Wilson Simbwa (Criminal Appeal No. 37 of 1995)
  • Mumbere Julius v Uganda (Criminal Appeal No. 15 of 2014)
  • Francis Coke v Uganda [1992-93] HCB 43
  • Bukenya Joseph v Uganda (Criminal Appeal No. 17 of 2010)
  • Rwabugande Moses v Uganda (Criminal Appeal No. 25 of 2004)
  • Bahemuka William and Another v Uganda (Criminal Appeal No. 4 of 2003)
  • Kalyamagwa Samuel v Uganda (Criminal Appeal No. 189 of 2012)
  • Bidong Ziraone and 2 Others v Uganda (Criminal Appeal No. 216 of 2016)
  • Sebuliba Silaje v Uganda (Criminal Appeal No. 319 of 2009)
  • Kaddu Karule Lawrence v Uganda (Criminal Appeal No. 72 of 2018)
  • Nyagezi Gad v Uganda (Criminal Appeal No. 17 of 2014)
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