Criminal law

Amos Binuge & oers v Uganda ((Cr.Appeal No.23 Of 1989)) [1991] UGSC 5 (31 May 1991);

Flynote: 

Search Summary: 

The appellants were jointly convicted the murder and
aggravated robbery and were sentenced to death on each
count. They appealed against the conviction and sentences.

Headnote and Holding: 

The court considered whether the death sentences were
appropriate. The court held that where the accused was
convicted of multiple offences that carried death sentences,
the correct course was for the trial judge to pass the death
sentences on all the counts but then suspend them except on

one count only. The court was satisfied that the trial court
imposed a death sentence on the appellants on each of the
counts. The court accordingly concluded that it was
improper for the trial court to impose multiple death
sentences.
The court also considered whether the contested confession
was properly admitted. The court held that when the
admissibility of an extra-judicial statement was challenged
the objecting accused had to be given a chance to establish,
by evidence, his grounds of objection through a trial within
a trial. The court was not satisfied that the trial judge
determined the voluntariness of the confession by merely
perusing it. The court accordingly concluded that the
contested the confession had not been proved and acquitted
the appellants.

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