PATRICK NGESA OGAMA V. REPUBLIC

JUDGMENT OF THE COURT

In this second appeal by Patrick Ngesa Ogama against his conviction and sentence for the offence of robbery with violence contrary to section 296(2) of the Penal Code, four main issues of law have been raised. Firstly, that the appellant’s conviction was improperly based on the doctrine of recent possession as on the facts and circumstances of this case it did not arise. Secondly, that the trial court record is silent on whether or not the court prosecutor was present at the time of plea. Consequently, the proceedings for that day were fatally defective and thus rendered the entire trial invalid. Thirdly, on the day the court rendered its ruling that the appellant had a case to answer, neither the date of the ruling nor the coram is shown, and that omission invalidates the entire trial of the appellant. Lastly, that at the close of the prosecution case, the trial magistrate did not comply with the provisions of section 211 of the Criminal Procedure Code, and that …