Uganda v Ntende & Ors (HCT-04-CR-SC-0170-2002)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court upheld a submission of no case to answer in a robbery trial involving eight accused persons. The court found that the prosecution evidence, having called only two witnesses before closing its case, was so totally unreliable that no reasonable tribunal would convict the accused if they offered no defence. All accused were discharged under section 71(1) of the Trial on Indictments Act.
Outcome
All eight accused discharged and set free unless held on other lawful charges
Facts
Eight accused persons were charged with robbery. All denied the charges. The prosecution called only two witnesses before closing its case. The prosecution requested the court to find that a case had been made out in respect of the first accused for unlawful possession of firearms and government stores. The court considered whether the prosecution evidence was sufficient to require the accused to make their defence.
Issues
- Whether the prosecution evidence was sufficient to require the accused to make their defence.
Orders
- No case to answer upheld.
- Finding of not guilty entered under Trial on Indictments Act s.71(1).
- All eight accused discharged.
- Accused to be set free and at liberty unless held on other lawful charges.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.