Wakilii

Womoli v Uganda (Criminal Appeal No. 18 of 2020)

High Court · [2021] UGHCACD 2 · 2021 Appeal Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from Anti-Corruption Court conviction and sentence
Decision
Appellant to serve one year and 10 days' imprisonment on each count running concurrently from date of conviction, having been credited 350 days for remand time

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Appeal partly allowed. Conviction for interfering with goods under customs control upheld on five grounds: the trial magistrate did not violate the appellant's right to representation where counsel repeatedly absented; prosecution exhibits admitted during cross-examination were relevant and proper; prosecution proved beyond reasonable doubt that the appellant and his co-accused Yahaya Magezi diverted motor vehicles in transit from their declared destination; no material inconsistencies existed. Sentence set aside as illegal: magistrate imposed both imprisonment and fine when statute provides either/or, and failed to deduct remand period. Re-sentenced to two years' imprisonment on each count, running concurrently, less 350 days remand time.

Outcome

Appellant to serve one year and 10 days' imprisonment on each count running concurrently from date of conviction, having been credited 350 days for remand time

Facts

Around November 2017, the appellant, a clearing agent with Giant Cargo, and Magezi Yahaya approached Zawedde Investments, a clearing firm, to transit two motor vehicles (a Mercedes Benz and a Subaru Outback) from Mombasa to Kampala. The firm captured the entry in URA's Ascyuda system and generated transit documents. The appellant and Yahaya travelled to Mombasa for verification. The vehicles were released from Mombasa but never arrived at the designated destination, Chatha Investment Car Bond in Kampala. When pressed, the appellant gave contradictory explanations: that the vehicles had a penalty at Malaba border, that they were coming, that they were at the bond awaiting validation. When PW1 checked the bond, the vehicles were not there. The appellant was arrested and handed over to URA. Evidence showed the appellant had continued to conduct transactions with Yahaya even after being charged. The trial magistrate convicted him on two counts of interfering with goods under customs control and sentenced him to two years' imprisonment on each count and a fine of UGX 2,000,000 on both counts. The appellant appealed both conviction and sentence.

Issues

  1. Whether the trial magistrate erred in denying the appellant's request for adjournment to allow counsel to cross-examine witnesses, thereby infringing his constitutional right to legal representation.
  2. Whether the trial magistrate erred in admitting prosecution exhibits during the defence case.
  3. Whether the trial magistrate properly considered the defence evidence alongside the prosecution evidence.
  4. Whether the prosecution proved the offences of interfering with goods under customs control beyond reasonable doubt.
  5. Whether there were material inconsistencies and contradictions in the prosecution evidence.
  6. Whether the sentence imposed was manifestly harsh and excessive.

Orders

  • Grounds 1 to 5 of the appeal dismissed.
  • Ground 6 of the appeal allowed.
  • Conviction for interfering with goods under customs control under s.203(f) of the East African Community Customs Management Act 2004 maintained.
  • Original sentence set aside.
  • Appellant re-sentenced to two years' imprisonment on each count to run concurrently.
  • Period of 350 days spent on remand deducted from sentence.
  • Appellant to serve one year and 10 days from date of conviction.
  • Fine of UGX 2,000,000 on each count set aside.
  • Right of appeal within 14 days explained.

Rules and key headnotes

Right to Legal Representation — Non-mandatory representation — Counsel's repeated absences — Balancing right to representation against right to speedy trial
Where the right to legal representation is not mandatory under Article 28(3)(e) of the Constitution and where counsel repeatedly fails to appear without sound reason, the trial court may refuse further adjournments and direct the accused to proceed with cross-examination without violating the accused's constitutional right to legal representation under Article 28(3)(d).
Cross-examination — Admissibility of documents during cross-examination of defence witnesses — Section 136(2) of the Evidence Act
Documents may be produced and admitted during cross-examination of a defence witness where the documents are relevant to matters in issue, contradict the witness's testimony, and serve the purpose of impeaching the witness's credibility. Such admission does not constitute a miscarriage of justice where the documents meet standards of admissibility.
Customs Offences — Interfering with goods under customs control — Joint criminal liability — Common intention under s.19(c) Penal Code Act
Under s.19(c) of the Penal Code Act, where two persons approach a clearing firm together for transit documentation, where one person acts as agent for the consignee throughout the transaction, gives false explanations about the whereabouts of goods in transit, and continues transacting with the co-accused after charge, the doctrine of common intention applies and both may be convicted of interfering with goods under customs control even though only one was the named consignee.
Circumstantial Evidence — Standard of proof — Inference of guilt
Circumstantial evidence is sufficient to ground a conviction where the circumstances are fully proved, conclusive in nature, consistent only with the hypothesis of guilt, and totally inconsistent with innocence, provided there are no other co-existing circumstances that could weaken or destroy the inference.
Sentencing — Illegality — Imposition of both imprisonment and fine where statute provides either/or — Failure to deduct remand period
Where a charging statute provides that a person shall be liable on conviction to imprisonment or to a fine, it is an illegality for a trial court to impose both imprisonment and a fine. Further, failure to deduct the period an accused spent on remand from the sentence imposed renders the sentence illegal under Article 23(8) of the Constitution.

Legislation cited (11)

Cases cited (18)

  • Kifamunte Henry v Uganda (Supreme Court Criminal Appeal No. 10 of 1997)
  • Bogere Moses and Another v Uganda (Supreme Court Criminal Appeal No. 1 of 1997)
  • Makula International v His Eminence Cardinal Wamala (Civil Appeal No. 4 of 1981)
  • Odongo Christopher v Uganda (Criminal Appeal No. 164 of 2015)
  • Yusuf Ahmed alias Fara V Republic [1959] EA 615
  • Uganda v Stella Nyanzi (High Court Criminal Appeal No. 79 of 2019)
  • Soon Yeon Kong Kim and another V Attorney General
  • Bagarukayo Charles v Uganda (Court of Appeal Criminal Appeal No. 80 of 2013)
  • James Sawo-Abiri and another v Uganda (Supreme Court Criminal Appeal No. 5 of 1990)
  • Woolmington V DPP [1935] AC 462
  • Miller Vs Minister of Pensions [1947] 2 ALL ER 372
  • Twinomugisha Godfrey v Uganda (Court of Appeal Criminal Appeal No. 11 of 2009)
  • C.Chenga Reddy and others V State of A.P [1996] Ind law Sc 3059
  • Teper V R [1952] AC 480 at 489
  • Ismail Kisegerwa and another v Uganda (Court of Appeal Criminal Appeal No. 6 of 1978)
  • Alfred Tajar v Uganda (EACA Criminal Appeal No. 69 of 1969)
  • Kyalimpa Edward v Uganda (Supreme Court Criminal Appeal No. 10 of 1995)
  • Nashimolo Paul Kibolo v Uganda (Supreme Court Criminal Appeal No. 46 of 2017)

Full judgment

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

Womoli v Uganda (Criminal Appeal No. 18 of 2020) [2021] UGHCACD 2 (22 January 2021)
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.