Uganda v Okwanga Michael (Criminal case no. ml 471 92)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that until sentence is passed, a trial Magistrate is not functus officio and has power to permit a plea of guilty to be withdrawn and a plea of not guilty entered instead. Where statements in allocutus indicate a denial of guilt, it is within the Magistrate's discretion to allow plea withdrawal before sentence.
Outcome
Matter remitted to trial Magistrate to permit plea withdrawal and proceed to trial
Facts
The accused was charged in four counts under the Witchcraft Act. He pleaded guilty to all counts and was convicted. During mitigation it became clear to the trial Magistrate that the accused did not intend to plead guilty. The Magistrate was uncertain what course to take. He adjourned before sentence and forwarded the file to the High Court for direction.
Issues
- Whether a trial Magistrate has power to permit withdrawal of a guilty plea and substitution of a not guilty plea after conviction but before sentence.
Orders
- File to be sent to the Chief Magistrate Lira with direction that the trial Magistrate permit withdrawal of the guilty pleas, allow entry of not guilty pleas, and proceed to trial.
Rules and key headnotes
Legislation cited (1)
- Witchcraft Act
Cases cited (2)
- Uganda v Vesensio Oloo (MB 99/671)
- Uganda v Karim s/o Diparire (MB 189/69)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.