Criminal law

Birembo Sebastian and Anor v Uganda ((Criminal Appeal No.20 of 2001)) [2002] UGSC 40 (19 December 2002);

Flynote: 

Search Summary: 

This is a second appeal. The two appellants were jointly indicted in
the High Court with the offence of murder and in the alternative, with
robbery. Both appellants were convicted of murder and sentenced to
death. No finding was made on the alternative count of robbery. They
appealed to the Court of Appeal against conviction and sentence, the
appeal was dismissed.

Headnote and Holding: 

The first complaint on appeal was the weak circumstantial evidence
and the court observed that the circumstantial evidence was
sufficient to establish the guilt of the 1 st appellant and there had been
no other co-existing factors which would weaken the irresistible
inference pointing to the guilt of the 1 st appellant and that on proper
evaluation of evidence he was properly placed at the scene of crime
at the material time.
For the 2 nd appellant the court observed that she was a child and the
case had to be remitted to the Family and Children court for trial
The appeal succeeded in part

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