Patrick Okello v Uganda (Criminal Appeal No. 25 91)
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Facts
On 24 July 1989, Esther Oryem (PW3), Patrick Okot (PW4) and Fidensio Olanya (PW5) were returning home from a market when they were stopped on the road by the appellant and another man, both dressed in military uniform. The appellant was carrying a gun. At gunpoint, PW3 was robbed of cash of UGX 75,050, being the proceeds of fish she had sold at the market, and it was the appellant who pocketed the money. The appellant raised an alibi, asserting that at the material time he was elsewhere, attending the burial of a friend's child with Anywar (DW2). He conceded that on his arrest he had a gun, which he said he was lawfully carrying for his protection. The appellant was indicted for aggravated robbery, tried and convicted, and sentenced to death on 30 November 1990, and appealed against both conviction and sentence.
Legislation cited (2)
- Penal Code Act s.272
- Penal Code Act s.273(2)