Burden of Proof

Odong & 2 Ors Vs Uganda (CRIMINAL APPEAL No. 0079 OF 2017) [2019] UGCA 21 (4 April 2019);

Flynote: 

Search Summary: 

The appellants were charged and convicted of
aggravated robbery. They were sentenced to
31, 25 and 2 years respectively. The appellants

were dissatisfied and appealed separately on
the grounds of reliance on the uncorroborated
evidence of an accomplice and in the
alternative, the harshness of the sentence.

Headnote and Holding: 

The court held that as the first appellate court,
it is required to re appraise the evidence and
draw independent inferences on facts and the
law. That the prosecution didn’t prove the
ingredients of the offence of robbery s there
was no cogent evidence of taking something
from the scene of the crime but only tracking
records. That there was no evidence in proof of
the use of force or a substance capable of
rendering a person unconscious. Hence the
offence of aggravated robbery was not proved
to the required standards.

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