Burden of Proof

Baguma Fred v Uganda ((Criminal Appeal No.7 of 2004)) [2005] UGSC 24 (4 November 2005);

Flynote: 

Search Summary: 

The appellant at trial was charged and
convicted of defilement. He appealed
unsuccessfully to the Court of Appeal hence

this further appeal. The appeal is on the ground
that the Court of Appeal erred in failing to re-
evaluate the appellant's evidence and in
confirming the conviction.

Headnote and Holding: 

The court held that the trial judge's evaluation
of the evidence was not balanced. There were
other material aspects of the evidence bearing
on its credibility, which he should have taken
into consideration but did not. When the
question arises which witness is to be believed
rather than another, and that question turns on
manner and demeanor, the Court of Appeal
always is, and must be, guided by the
impression made on the judge who saw the
witnesses. That the appellate court should not
shrink from overruling the decision of the trial
court, if upon carefully considering the
judgment it concludes that it is wrong. While it
couldn’t be held that the appellant's claim of a
frame-up was proved, it’s a firm view that it
was not ruled out. That at the very least, the
matters pointed out raised reasonable doubt in
the prosecution case, and the appellant ought to
have been given the benefit of that doubt. In
the result, it was not safe to uphold the
conviction of the appellant.

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