Ntihabose Vs Uganda (Criminal Appeal No. 0093 of 2011) [2018] UGCA 88 (2 October 2018)

Flynote

Criminal law

Case summary

The court noted that as a first appellate court, their duty is to re appraise the evidence and reach an independent decision. Further that the appellate court can interfere with the decision of the trial court in exercise of its discretion if it was reached on a wrong principle of law and lead to miscarriage of justice. That the judge having not considered the time spent on remand was erroneous and led to a miscarriage of justice and made the sentence illegal and set aside accordingly. That the judge failed to consider other mitigating factors like the family and hence led to a miscarriage of justice

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