Wakilii

Uganda v Kyomukama & Anor (HCT-01-CR-SC-0071 OF 2014.)

High Court · [2018] UGHCCRD 138 · 2018 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal trial at first instance; defence submission of no case to answer at close of prosecution case
Decision
Both accused acquitted and discharged at the close of the prosecution case

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court upheld a submission of no case to answer where neither prosecution witness saw the accused kill or abduct the deceased, and the prosecution witnesses were non-committal as to whether the accused participated in the murder. Circumstantial evidence did not irresistibly point to guilt. Both accused acquitted under section 73(1) of the Trial on Indictments Act.

Outcome

Both accused acquitted and discharged at the close of the prosecution case

Facts

The two accused were indicted for the murder of Kyomugisha Sitibiya on 3 October 2013 at Karubongoya village in Kyenjojo District. The prosecution called two witnesses. PW2 (Twesigomwe Warreni) testified that when he returned from grazing at 2:00 p.m., he found the deceased had disappeared. PW1 stated she did not know who killed the deceased, though she testified that A2 (her son) had threatened to kill the deceased and had abandoned a child. She also stated that A1 had a knife on the day in question. The deceased's body was recovered during a search in which the two accused participated. The prosecution relied on a post mortem report and the testimony of the two witnesses.

Issues

  1. Whether there was sufficient evidence at the close of the prosecution case to require the accused persons to answer to the charge of murder.

Orders

  • Submission of no case to answer upheld.
  • Pleas of not guilty entered for both accused persons.
  • Both accused persons acquitted under section 73(1) of the Trial on Indictments Act.

Rules and key headnotes

Criminal Law & Procedure — No Case to Answer — Test for Upholding Submission
A submission of no case to answer must be upheld where a reasonable tribunal properly directing its mind to the evidence and the law would not proceed to convict if the accused decided to offer no evidence at the close of the prosecution case.
Evidence — Circumstantial Evidence — Standard Required for Conviction
Circumstantial evidence must irresistibly point to the guilt of the accused before a conviction can be sustained; where prosecution witnesses are non-committal as to whether the accused participated in the offence, no reasonable tribunal can proceed to convict on mere suspicion.

Legislation cited (3)

Cases cited (1)

  • Bhatt v R [1957] EA 332

Full judgment

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

Uganda v Kyomukama & Anor (HCT-01-CR-SC-0071 OF 2014.) [2018] UGHCCRD 138 (31 May 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.