Uganda v Kakembo (HCT-06-CR-SC-0076 of 2013)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that a submission of no case to answer succeeds where a major ingredient of the offence remains unproven. Where no witness identified the accused at the scene and the only evidence against him was similarity of physical size to one of the perpetrators, there is insufficient evidence to require the accused to make his defence. Accused acquitted.

Outcome

Accused acquitted and discharged

Facts

On 28 November 2011 around 7:20 pm at Kagulukiro, the complainant riding a motor cycle encountered a man staggering in the road. When the complainant tried to dodge him, the man pushed the motor cycle causing the complainant and his passenger (PW2 Sserwadda Yusuf) to fall. Another man emerged from the bush armed with a gun. The armed man assaulted PW2. The attackers took the motor cycle valued at 2,000,000 Ugandan shillings, cash 100,000 shillings, and a Nokia mobile phone worth 100,000 shillings. The victims' legs and hands were tied and they were left in the bush. Neither the complainant nor PW2 identified the attackers. The accused was charged on the basis that his physical size was the same as that of the robber who emerged from the bush.

Issues

1. Whether the prosecution adduced sufficient evidence to require the accused to enter his defence.
2. Whether there was evidence of the accused's participation in the alleged robbery.

Orders

• Submission of no case to answer upheld.
• Accused acquitted of aggravated robbery.
• Accused discharged forthwith.

Rules and key headnotes

Legislation cited (2)

• Penal Code Act s.285
• Penal Code Act s.286(2)

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