Wrongfulness

Kagere Ibrahim Vs. Uganda (Crim Appeal No. 03 Of 2010) ((Crim Appeal No. 03 Of 2010)) [2010] UGHC 116 (21 July 2010);

Flynote: 

Search Summary: 

In this case the appellant sought court to set aside the decision of the trial court. This
was after he was charged and convicted on his own plea of guilt that he had caused
death through reckless driving contrary to provisions of the traffic and road safety act.
He averred that his plea had not been entered properly.

Headnote and Holding: 

Court considered whether the particulars of the offence were explained to the appellant
before entering a plea of guilty by trial court. Court held that the particulars of the
offence had not been explained. Court was satisfied from its findings that it was court
practice today to explain particulars of the offence to the accused before entering a
plea. Trial court did not explain to the accused the meaning of being reckless in the
circumstances of the case hence the plea of guilty having been entered not properly
occasioning a miscarriage of justice.

Accordingly court upheld the appellant’s appeal and ordered the prosecution to
reframe the charge sheet in order to clearly reflect the particulars of the offence which
the appellant should plead to freshly.

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