A1: TUMUHIMBISE ASAPH
A2: KOROKURA EMMANUEL
Factual background:
Count1: It was the prosecution allegation that A1, A2 and others still at large on the 23rd day of November, 2023 at Lorikwo West Village in Amuru district did break and entered into the dwelling house of a one,
Mbabazi Jovia with intent to commit a felony of theft therein.
Count 2: it was the prosecution allegation that A1, A2 and others still at large on the 23rd day of November, 2023 at Lorikwo West Village in Amuru district stole cash money worth SSP 700,000/= (South sudan
pounds seven hundred thousand only), UGX 1,820,000/= (Uganda shillings one million eight hundred twenty thousand only), $180 (United States Dollars one hundred eighty), three mobile phones, National Identity card, Passport and Driving Licence all valued at UGX. 5,326,000/= ( Uganda Shillings five million three hundred thousand twenty six thousand only) the property of Mbabazi Jovia.
In the alternative;
Count 3: It was a further allegation by the prosecution that A1, A2 and others still at large on the 24th day of November, 2023 at Lorikwo West village in Amuru district received a mobile phone Samsung Galaxy ASI
the property of Mbabazi Jovia knowing or having reason to believe the same having been feloniously stolen.
Count 4: It was the further allegation of the prosecution that A1 on the 24th day of December, 2023 at Lorikowo West Village in Amuru District retained mobile phone Samsung ASI the property of Mbabazi Jovia knowing or having reason to believe that the same had been feloniously stolen.
When the charges were read to A1, he denied count1, count 2, count 3 and a plea of NOT GUILTY accordingly entered.
As regards count 4, A1 told court that the allegations are true. At that point, Court read again the particulars of the charge and A1 confirmed that it was true. A PLEA OF GUILTY was accordingly entered and A1
convicted of count 4 on his own plea.
When A2 -. KOROKURA EMMANUEL was arraigned and charges read to him, he denied count 1, count 3 and count 4 and a plea of NOT GUILTY was accordingly entered.
As regards count 2, A2 told court that the particulars as read are true. At that point, Court read again the full particulars of the charge in English, the language he told court that he understands best and A2 confirmed
that the particulars were true. A PLEA OF GUILTY was accordingly entered in respect of count 2 and accordingly convicted. Prosecution was heard in aggravation and A2 also heard on mitigation.
FULL JUDGEMENT
Download Here: THEFT. BURGLARY. RECIEVING.RETAINING. STOLEN PROP. TUMUHIMBISE_020528
Accordingly, I hereby convict the accused of the offences of Burglary Contrary to sections 295(1) of the penal code Act cap 120, laws of Uganda and theft contrary to Section 254(1) and 261 of the penal code Act.
I hereby order that SSP 700,000/= (South Sudan pounds seven hundred thousand only), UGX 1,820,000/= (Uganda shillings one million eight hundred twenty thousand only), $180 (United States Dollars one hundred eighty) be paid back to the complainant.
Sentencing shall be done after hearing the prosecution and convict on Allocutus.
The convict shall continue on remand until sentencing.