Ahimbisibwe Innocent Benjamin

  MOTIONS IN ARREST OF JUDGMENT Section 95 of the Uganda Trial on Indictments Act (as amended) cap 23 provides that; "The accused person may at any time before sentence, whether on his or her plea of guilty or otherwise move in arrest of judgment on the ground that the Indictment does not, after any alteration which the court is willing and has power to make, state any offence which the Court has power to try" Important to note is that the T.I.A cap 23 allows prosection to make alteration to an indictment for as long as it does not occasion an injustice to the accused or defence's case. More to this, prosecution should take caution not to make an alteration whereby the evidence in the summary of the case is insufficient to support the offence.  It is on this background that a motion in arrest of judgement may arise at any time of the trial before sentence. When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction b

 Relates to common wealth probates.  PROCEDURE FOR PROBATE RESEALING S 2 .probate granted in any common wealth country may on being produced to and a copy deposited with the High Court be sealed with the seal of the High court and take effect. S 6 (1) - Chief Justice may with the approval of the minister make rules of court regulating procedure and practice including fees, costs in High Court on and incidental to an application for sealing of probate. PROBATES (RESEALING) RULES S.I 160-1 R 2- application for grant of probate to be made by person to whom grant was made or the attorney of that person. R 3-application to be lodged with the chief registrar of High Court at Kampala and with the following requirements. a) Grant required to be sealed shall include copy of the will to which grant relates or a certified copy of the above. b) Copy of that grant and of the will if any. c) Certification as to payment of probate duty under the hand of the proper authority for the pur

   CHARGES A charge is defined as a written statement containing as accusation against a person alleged to have committed an offence. In the High Court, this is referred to as an indictment. A charge sheet contains a statement and particulars of an offence. This is provided for in sections 85 and 88 of the Magistrates Courts Act.   General Rules Regarding Charge Sheets A charge sheet commences with the statement of offence. The statement of offence describes the offence in ordinary language avoiding use of technical terms. This was upheld in the case of  COSMA VS R (1955) 22 EACA 450. After the statement are the particulars of the offence. The particulars should be set out in ordinary language in which technical terms are avoided. It must be noted that where a charge contains more than one count, the counts should be numbered consecutively. Court held in  R V. TAMBUKIZA  1958 EA 212; that the final charge is the essence in criminal procedure and the failure of the Magistrate to draw up

   Homicide, murder and manslaughter in criminal law OFFENCES AGAINST THE PERSON HOMICIDES Homicide is the killing of human being by a human being. These can be divided into two categories: Lawful killings ü     Killing an enemy in execution of war. ü     Killing in execution of lawful judgment. ü     Killing in self-defense. ü     Killing in the course of arresting or preventing a crime. ü     Accidental killing. Unlawful killing ü     Murder ü     Manslaughter. ü     Suicide. ü     Child destruction. Who can kill? A man of sound memory and of age of discretion i.e. a man who is responsible according to the general principles of criminal responsibility. Who is a victim of homicide? One must be a living person. Section 204 of the Penal Code explains when a child is deemed to be a person capable of being killed. When does the life end? A person is termed dead when the brain stop working. Causation in Homicide Causation in homicide is provided under section 203 of the Penal Code. This se