Uganda v Bukenya Richard (Cr.App. No.21 Of 2004) (Cr.App. No.21 of 2004)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that a criminal appeal is incompetent where the memorandum of appeal is filed outside the fourteen-day statutory period prescribed by section 28(3) of the Criminal Procedure Code Act without leave of court. Further held that a ground of appeal stating only that the trial magistrate erred in law and fact in failing to properly evaluate evidence contains no particulars and is not a valid ground of appeal under section 28(4).
Outcome
Appeal struck out on preliminary objection for being incompetent
Facts
The respondent was acquitted by the trial magistrate on 29 October 2004. The appellant filed a notice of appeal on 8 November 2004 within the statutory fourteen-day period. The judgment copy was endorsed on 17 November 2004. The memorandum of appeal containing grounds was not filed until 14 February 2005, well outside the fourteen-day period prescribed by section 28(3) of the Criminal Procedure Code Act. The memorandum contained a single general ground alleging the magistrate erred in law and fact in failing to properly evaluate evidence.
Issues
- Whether the memorandum of appeal was filed out of time without leave of court and therefore incompetent.
- Whether the single general ground of appeal contained sufficient particulars of law or fact as required by statute.
Orders
- Appeal dismissed.
Rules and key headnotes
Legislation cited (3)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.