Wakilii

Uganda v Acan & Ors (Criminal Sessions Case No. 173 of 2016)

High Court · [2018] UGHCCRD 175 · 2018 Acquittal — No Case to Answer AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial — ruling on no case to answer at close of prosecution case
Decision
All three accused acquitted and discharged for want of a prima facie case

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

At the close of the prosecution case, the court held that no prima facie case had been established against the three accused on a charge of murder. Although the prosecution proved death and that it was caused unlawfully with malice aforethought, the circumstantial evidence relied upon to implicate the accused was insufficient. No reasonable tribunal could conclude on that evidence that any of the three accused caused the death. Each accused was acquitted under section 73 of the Trial on Indictments Act.

Outcome

All three accused acquitted and discharged for want of a prima facie case

Facts

On 14 April 2016, two-year-old Aketowanga Sandra went missing from her home in Dog-Asula village, Nwoya District. Her mother had left her with a four-year-old child while she went to secure transport. A witness reported seeing the child carried on a motorcycle with the third accused at around 5.00 pm. After a two-day search, the child's body was found in a nearby swamp on 16 April 2016, naked, with parts missing including the lower lip, an ear, and stomach portions. The post mortem revealed death by respiratory arrest due to a fractured cervical spine. Three accused were arrested: the first accused, mother of the third, had consulted a witchdoctor during the search; the second accused was working in his garden near the deceased's home and had previously uttered words about bloodshed; the third accused was allegedly seen carrying a child on a motorcycle. All three denied involvement.

Issues

  1. Whether at the close of the prosecution case sufficient evidence had been adduced to establish a prima facie case against the three accused on a charge of murder.
  2. Whether the circumstantial evidence relied upon by the prosecution was capable of placing each accused at the scene of the crime as a participant in the murder.

Orders

  • Each of the three accused found not guilty of the offence of Murder contrary to sections 188 and 189 of the Penal Code Act.
  • Each of the three accused acquitted and discharged.
  • Each accused to be set free forthwith unless lawfully held on other charges.

Rules and key headnotes

Criminal Law & Procedure — No Case to Answer — Test for Establishing Prima Facie Case
A prima facie case is established when the evidence adduced is such that a reasonable tribunal, properly directing its mind on the law and evidence, would convict the accused if no evidence or explanation was set up by the defence. A prima facie case cannot be established by a mere scintilla of evidence or by worthless, discredited prosecution evidence.
Criminal Law & Procedure — No Case to Answer — Grounds for Finding No Prima Facie Case
There is no prima facie case where there has been no evidence to prove an essential ingredient in the alleged offence, or where the evidence adduced by the prosecution has been so discredited as a result of cross-examination, or is manifestly unreliable that no reasonable court could safely convict on it.
Evidence — Circumstantial Evidence — Sufficiency to Establish Guilt in Murder Trial
Where the prosecution relies entirely on circumstantial evidence to place the accused at the scene of the crime, the evidence must be of sufficient quality and strength to permit a reasonable tribunal to conclude that the accused caused the death. Mere suspicion based on proximity to the scene, association with co-accused, or conduct during the search is insufficient to establish a prima facie case.

Legislation cited (5)

Cases cited (5)

  • Wabiro alias Musa v R [1960] EA 184
  • Kadiri Kyanju and Others v Uganda [1974] HCB 215
  • Rananlal T. Bhatt v R [1957] EA 332
  • [1962] ALL E.R 448
  • Uganda v Alfred Ateu [1974] HCB 179

Full judgment

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

Uganda v Acan & Ors (Criminal Sessions Case No. 173 of 2016) [2018] UGHCCRD 175 (20 August 2018)
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.