Civil Defences

Duke Mabaya Gwaka V Uganda (Criminal Appeal No. 59 of 2015) [2019] UGSC 8 (21 December 2018);


Search Summary: 

This was a second appeal arising from the
decision of the court of appeal where the
conviction of the appellant had been upheld on
the charge of murder. The background is that
the appellant had had a strained relationship
with the deceased. The deceased had given
money to the appellant that was misused. He
booked a hotel for the deceased where she was
found murdered. The trial court sentenced the
appellant to 45 years and the court of appeal
upheld the decision of the trial hence this
appeal on grounds of improper identification,
reliance on circumstantial evidence and

disregard of the alibi.

Headnote and Holding: 

The court held that there had been proper
identification of the body of the deceased and
the inference drawn by the trial court couldn’t
be faulted. That the appellant had been
properly identified and the identification
factors had been favorable to rely on the
available circumstantial evidence. That as the
mitigation factors and the time spent on
remand had been considered; the sentence at
the time wasn’t illegal and would stand.

Ekirikubinza Dissenting partially
That the case of Rwabuganda should be
allowed to apply retrospectively.


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