Wakilii

Uganda v Yubentino Olinga (Criminal Revision Order No. 97 91)

High Court · [1991] UGHC 85 · 1991 Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal revision of convictions on reference from magistrate's court for sentence confirmation
Decision
Accused acquitted and ordered released

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court quashed convictions under the Witchcraft Act on revision. For an offence under section 5(1), the prosecution must prove that articles found in the accused's possession are by common repute used in practising witchcraft, as required by section 5(2). The evidence adduced failed to establish this element. Similarly, for an offence under section 3(1), there was no evidence that slaughtering a chicken is by common repute used in practising witchcraft. Both convictions were bad in law for non-compliance with statutory requirements.

Outcome

Accused acquitted and ordered released

Facts

The accused was charged in two counts under the Witchcraft Act: possession of articles used in witchcraft (section 5(1)) and practising witchcraft (section 3(1)). After trial in the magistrate's court, he was convicted on both counts and sentenced to 24 months and 36 months imprisonment consecutively. The record was sent to the High Court for sentence confirmation under section 167 of the Magistrates Courts Act. The evidence showed that certain articles were allegedly found in the accused's possession, and that he slaughtered a chicken purportedly to cure a complainant of an ailment allegedly induced by the accused's witchcraft. The accused denied the charges and complained of being assaulted.

Issues

  1. Whether the convictions under sections 3(1) and 5(1) of the Witchcraft Act were supported by the evidence on record.
  2. Whether the mandatory requirements of section 5(2) of the Witchcraft Act were satisfied.
  3. Whether sentences for offences arising from the same transaction should run concurrently or consecutively.

Orders

  • Convictions on both counts quashed as being bad in law.
  • Sentences set aside.
  • Accused to be set free at once unless held on some other lawful grounds.

Rules and key headnotes

Witchcraft Act — Possession of Articles — Proof Requirements
For an offence under section 5(1) of the Witchcraft Act to be established, the articles found in the possession of an accused must be proved to be articles which are by common repute or belief used in practising witchcraft, as required by the mandatory provision of section 5(2).
Witchcraft Prosecutions — Standard of Proof — Common Repute
A conviction under section 5(1) of the Witchcraft Act is bad in law where there is no evidence to show that the articles allegedly found in the accused's possession are by common repute articles used in practising witchcraft.
Witchcraft Act — Practising Witchcraft — Proof of Practice
For a conviction under section 3(1) of the Witchcraft Act, the prosecution must adduce evidence that the act performed is by common repute administered, used or performed in the practice of witchcraft. It is unsafe to convict in the absence of such evidence.
Sentencing — Concurrent versus Consecutive Sentences
Where an accused person is convicted of two or more offences which arose out of the same transaction, the sentences should be ordered to run concurrently, not consecutively.

Legislation cited (4)

Full judgment

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

Uganda v Yubentino Olinga (Criminal Revision Order No. 97_91) [1991] UGHC 85 (6 August 1991)
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.