Wakilii

Uganda v Odongo (HIGH COURT CRIMINAL SESSION CASE NO. 198 OF 1993)

High Court · [1995] UGHC 113 · 1995 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial before High Court on indictment for murder and aggravated robbery
Decision
Accused acquitted and discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court acquitted the accused sergeant on all three counts of murder and aggravated robbery. Although the prosecution proved the occurrence of the offences, the court found that the identification of the accused was made under unfavourable conditions at night and that the identification parade was not conducted fairly in accordance with established procedure. The evidence of identification lacked adequate corroboration, and the benefit of the doubt was resolved in favour of the accused.

Outcome

Accused acquitted and discharged

Facts

On 17 March 1992 in Gulu District, Patrick Okumu was shot dead by a gun-wielding assailant at the doorway of a house in Orubu village. On the same night between 8:00 pm and 9:30 pm, two separate armed robberies occurred in nearby Kirombe Alokolum village. Severino Ocitti was robbed of 9,800 shillings and a wrist watch by an armed man who fired shots in the air and demanded money. Miriam Alanyo was robbed of 40,000 shillings by two thugs, one of whom carried a gun and fired several shots. All three victims described their assailant(s) as short, thin, speaking Alur, and wearing a striped shirt and dark trousers folded to the knees. The accused, Sgt. Terensio Odongo, was arrested that night coming from the direction of the gunshots. He was subsequently identified by three witnesses at an identification parade. The accused pleaded not guilty to one count of murder and two counts of aggravated robbery.

Issues

  1. Whether the prosecution proved beyond reasonable doubt all essential ingredients of the offence of murder charged in count 1.
  2. Whether the prosecution proved beyond reasonable doubt all essential ingredients of aggravated robbery charged in counts 2 and 3.
  3. Whether the identifying witnesses accurately identified the accused as the perpetrator of the offences charged.
  4. Whether the identification parade was conducted fairly and in accordance with established procedure.
  5. Whether the identification evidence required corroboration and if so, whether it was adequately corroborated.

Orders

  • Accused found not guilty of murder in count 1.
  • Accused found not guilty of aggravated robbery in count 2.
  • Accused found not guilty of aggravated robbery in count 3.
  • Accused acquitted on all three counts.
  • Accused ordered to be set free forthwith unless held on other lawful grounds.

Rules and key headnotes

Evidence — Identification Evidence — Caution Required — Single Identifying Witness
Where the prosecution case depends entirely on identification by a single witness, such evidence must be treated with much caution and where conditions favouring correct identification are lacking, the court must seek corroboration of such evidence before convicting on it.
Evidence — Identification Evidence — Unfavourable Conditions — Night Identification — Stranger
Identification made at night by moonlight and torch light, under conditions of fright with constant threats and gunfire, and where the witness had not known the assailant before, does not constitute favourable conditions for correct identification and such identification cannot be free from possible mistake.
Evidence — Identification Parade — Procedural Requirements — Fairness
The evidential value of an identification parade depends greatly on whether it was conducted with maximum fairness and in accordance with established procedural rules. Where participants in an identification parade are not treated alike and some have shirts while others do not, the parade is not fair and is of little evidential value.
Evidence — Identification Parade — Burden of Proof — Prosecution Duty
It is the duty of the prosecution to prove that an identification parade was conducted fairly and in accordance with approved rules of procedure. Where the officer who conducted the parade is deceased and his statement does not describe how the parade was conducted, the court is deprived of evidence to determine whether the parade was conducted fairly.
Criminal Law & Procedure — Murder — Essential Ingredients — Burden of Proof
To secure a conviction for murder, the prosecution must prove beyond reasonable doubt that the deceased is dead, that the death was unlawfully caused, that it was caused with malice aforethought, and that the accused caused it. The burden to prove the guilt of an accused person rests on the prosecution throughout and does not shift to the accused.
Criminal Law & Procedure — Homicide — Presumption of Unlawful Causation
In homicide cases, death is presumed to have been unlawfully caused unless it was accidental or was caused in circumstances which make it excusable. Death is justified when caused in self-defence.
Criminal Law & Procedure — Malice Aforethought — Inference from Weapon and Injuries
The existence of malice aforethought can be inferred from the type of weapon used in causing death, the manner in which it was used, and the part of the body on which it was applied. Where a deadly weapon such as a gun is used on vulnerable parts of the body such as the chest, neck and brain, the existence of malice aforethought is readily inferred.

Legislation cited (9)

Cases cited (8)

  • Uganda v Charles Onyuta (Criminal Case No. 26 of 1993)
  • Uganda v Cloya David (Criminal Session Case No. 197 of 1993)
  • Woolmington v DPP [1935] AC 462
  • R v Gusambizi Wesonga (1948) 15 EACA 65
  • Abdala Bin Wendo and Another v R (1953) 20 EACA 166
  • Uganda -vs- Abdala Nasuru (1952) HOB
  • Rex v Mwango s/o Manaa (1936) 3 EACA 29
  • Ssentale v Uganda (1968) EA 365

Full judgment

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

Uganda v Odongo (HIGH COURT CRIMINAL SESSION CASE NO. 198 OF 1993) [1995] UGHC 113 (27 April 1995)
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.