Uganda v John Businge (CRIMINAL SESSION CASE NO. 159 OF 1991)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The accused pleaded guilty to receiving stolen property from a murder scene. He was a first offender who had been on remand for over five years and appeared sick and emaciated. The court exercised its discretion under section 116(1)(b) of the Trial on Indictment Decree, finding it inexpedient to inflict punishment, and accordingly cautioned and discharged the accused without imposing any sentence.
Outcome
Accused cautioned and discharged without sentence
Facts
The deceased Fatiya Nariagembe was a resident of Kazoba village in Masaka District. She had been previously married to George William Akiki alias Kasaija. After their marriage broke down, Akiki suspected the deceased of practicing witchcraft against his new wife. On the night of 18-19 October 1987, the deceased was attacked in her house by unknown assailants who speared her to death and robbed her of one blanket, one radio, and one bicycle. George William Kasaija was highly suspected as one of the killers due to the existing grudge. Upon arrest by RCs, Kasaija admitted participating in the killing and revealed he had taken the stolen property to the home of the accused, John Businge. Police recovered the stolen property at the accused's home. The accused was arrested when he went to visit Kasaija. Kasaija later died in custody at Sembabule. The accused was charged with robbery, later reduced to receiving stolen property, to which he pleaded guilty.
Issues
- What sentence should be imposed on a first offender convicted of receiving stolen property in circumstances involving a murder committed by another person?
Orders
- Accused cautioned under section 116(1)(b) of the Trial on Indictment Decree.
- No punishment inflicted.
Rules and key headnotes
Legislation cited (4)
- Penal Code Act s.272
- Penal Code Act s.273(2)
- Penal Code Act s.298(1)
- Trial on Indictment Decree s.116(1)(b)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.