Evaluation of Evidence

Clement Namulambo & Anor Vs Uganda (CRIMINAL APPEAL NO. 1 OF 1978) [1978] UGSC 9 (21 November 1978);

Flynote: 

Search Summary: 

The deceased was slashed to death by assailants who attacked his home at night. The appellant were convicted of his murder and they appealed contending that the trial judge relied hearsay evidence to convict them

Headnote and Holding: 

The court considered whether the trial court relied on hearsay to convict the appellants. The court held that in a case where an immediate report had been made to the police by someone who was subsequently called as a witness, evidence of the details of such report would be inadmissible for being hearsay. The court further considered whether the defence counsel had a duty to clear the deficiency in the prosecution evidence during cross-examination. The court held that the defence had the discretion to decline to cross-examine the prosecution witness where the witness’ evidence was in favour of the accused so as avoid the risk of bringing out evidence damaging to the defence. 

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