Uganda v Nestore Avond (Criminal Session Case No. 161 1992)
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.
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Holding
Held that where an accused person dies while on remand awaiting trial, and a nolle prosequi is filed by the Director of Public Prosecutions, the effect is to discontinue the proceedings against the deceased accused. The accused was discharged posthumously.
Outcome
Accused discharged posthumously following death on remand and entry of nolle prosequi
Facts
The accused was indicted on two counts of murder and committed to the High Court for trial. While on remand awaiting trial, the accused died. A written nolle prosequi dated 26 March 1993, signed by the Director of Public Prosecutions Alfred P.W. Nasaba, was received by the court.
Issues
- Whether proceedings against an accused person should be discontinued following the accused's death while on remand.
Orders
- Proceedings against the deceased accused discontinued.
- Accused discharged posthumously.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.