Criminal law

Bagatenda Peter v Uganda ((Criminal Appeal No.10 of 2006)) [2007] UGSC 15 (16 October 2007);


Search Summary: 

This is a second appeal by the appellant
against his conviction and sentence for murder
by the High Court after his first appeal to the
Court of Appeal was dismissed. The

background is that appellant one afternoon
appeared from the bush and cut the head of
the deceased off and ran away with the head.
He directed the prosecution where the head
and the weapon were hidden but at trial, he
denied committing the offence and pleaded
alibi but was convicted and the appeal was not
successful hence the appeal on the grounds
that the appellant was suffering from a mental
illness and that there was improper evaluation
of evidence.

Headnote and Holding: 

The court held that the appellant would not
have known the location where the deceased’s
head was buried, or where the murder weapon
was, unless he had committed the crime
himself and hidden them. That that, the
defence of insanity was never raised by the
appellant or anyone else whether at the time
of his arrest or at his trial. Had it been raised
at the time of his arrest, he would have been
subjected to medical/mental examination.


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