Wakilii

Mukasa v Uganda (Criminal Appeal 17 of 2021)

High Court · [2021] UGHCCRD 88 · 2021 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction and sentence by Chief Magistrate's Court
Decision
Appellant acquitted on two counts (interference with electrical installations and conspiracy). Convictions upheld on two counts (installation without permit and obtaining money by false pretence). Sentence reduced on count 1 from 24 months to 6 months. Sentence of 2 years on count 3 confirmed.

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Holding

Held that the prosecution proved the offence of installation of electrical wiring without a permit under section 88 of the Electricity Act where the accused installed wiring and poles without obtaining a permit from the authority. Held that the offence of interference with electrical installations under section 87 could not stand where there was no pre-existing electrical installation in the area. Held that obtaining money by false pretence was proved where the accused falsely represented himself as an employee with technical expertise and authority to install electricity, inducing payment of UGX 6,750,000. Held that conspiracy to commit a misdemeanour could not be proved where only one person was charged and no co-conspirators were named. Sentence on count 1 reduced from 24 months to 6 months for a first offender.

Outcome

Appellant acquitted on two counts (interference with electrical installations and conspiracy). Convictions upheld on two counts (installation without permit and obtaining money by false pretence). Sentence reduced on count 1 from 24 months to 6 months. Sentence of 2 years on count 3 confirmed.

Facts

The appellant worked as a lines assistant with Mutico, a company subcontracted by UMEME. He was approached by Lydia Baako to connect electricity to her residence in Kaddu Kaliti, Wakiso District, where the entire neighbourhood had no electricity. The appellant negotiated with the group collectively and agreed to do the connections for UGX 8.5 million, receiving UGX 6,750,000. He brought poles to the site and started planting them but never connected the electricity and subsequently disappeared. When the complainant inquired with Mutico, she learned the appellant had been only a part-time employee who had been terminated. He had not obtained an installation permit from UMEME. A Safety Manager from Mutico visited the site and found that the appellant had planted untreated, termite-infested poles that were not upright or properly supported. The appellant was arrested and charged with four counts. At trial, prosecution led evidence from six witnesses while the appellant remained silent. The trial magistrate convicted him on all four counts and sentenced him to 24 months on counts 1, 2 and 3, and 1 year on count 4.

Issues

  1. Whether the prosecution proved all the ingredients of the offence of installation of electrical wiring without a permit contrary to section 88 of the Electricity Act.
  2. Whether the prosecution proved all the ingredients of the offence of interference with electrical installations contrary to section 87 of the Electricity Act.
  3. Whether the prosecution proved all the ingredients of the offence of obtaining money by false pretence contrary to section 305 of the Penal Code Act.
  4. Whether the prosecution proved all the ingredients of the offence of conspiracy to commit a misdemeanour contrary to section 391 of the Penal Code Act.
  5. Whether the sentence imposed was manifestly harsh, excessive and illegal.
  6. Whether the trial magistrate properly took into account the time the appellant spent on remand.

Orders

  • The appellant is acquitted on counts 2 and 4.
  • The convictions on counts 1 and 3 are confirmed.
  • The sentence on count 1 is reduced to six months.
  • The sentence on count 3 is confirmed.

Rules and key headnotes

Criminal Law & Procedure — Electricity Act — Installation of Electrical Wiring Without Permit — Elements of Offence
The offence of installation of electrical wiring without a permit under section 88 of the Electricity Act requires proof of three elements: installation of electrical wiring on premises, absence of a permit from the authority, and that the installation was done by the accused. Admissions made by the accused to a witness and unchallenged evidence from the complainant who contracted the accused and witnessed the installation, together with evidence that no permit was issued, are sufficient to prove all elements beyond reasonable doubt.
Criminal Law & Procedure — Electricity Act — Interference with Electrical Installations — Pre-existing Installation Required
The offence of interference with electrical installations under section 87 of the Electricity Act requires that there be a pre-existing electrical installation with which the accused interfered. Where the evidence shows there was no electricity connected in the area and the accused did not connect any electricity supply, the first element of the offence cannot stand and the accused must be acquitted.
Criminal Law & Procedure — Obtaining Money by False Pretence — Elements and Proof
The offence of obtaining money by false pretence under section 305 of the Penal Code Act requires proof of: making a false pretence, intention to defraud, obtaining or inducing delivery of anything capable of being stolen, and that the accused is liable. A false pretence includes falsely holding oneself out as an employee with technical expertise and authority to perform work, and promising to obtain permits when one has no such authority. The intent to defraud is established where the accused made false pretences to deceive the complainant into parting with money and then disappeared after payment.
Criminal Law & Procedure — Conspiracy — Requirement of Multiple Accused Persons
A conspiracy to commit a misdemeanour under section 391 of the Penal Code Act requires the existence of two or more persons in the act and an agreement between them. Where only one person is charged and the alleged co-conspirators are neither named nor charged, the offence of conspiracy cannot be proved and the accused must be acquitted on that count.
Criminal Law & Procedure — Sentencing — First Offenders — Maximum Sentence
A first offender should not receive the maximum sentence provided by statute. Where a young first offender aged 25 years is convicted of installation of electrical wiring without a permit, a sentence of 6 months imprisonment is appropriate rather than the maximum sentence of 2 years.
Criminal Law & Procedure — Sentencing — Remand Period — Constitutional Requirement
Article 23(8) of the Constitution requires that any period spent in lawful custody before completion of trial must be taken into account in imposing a term of imprisonment. Where a sentencing court clearly demonstrates that it has taken the remand period into account and credited it to the convict, the sentence will not be interfered with on appeal merely because the court did not use specific words such as 'deduct' or did not state the arithmetical calculation, provided the constitutional obligation has been substantively complied with.

Legislation cited (8)

Cases cited (4)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Mattaka & Ors 1971EA 495 at 501
  • Abelle Asuman v Uganda (Supreme Court Criminal Appeal No. 66 of 2016)
  • Rwabugande

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Mukasa v Uganda (Criminal Appeal 17 of 2021) [2021] UGHCCRD 88 (2 May 2021)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.