Role of Appellate Court

Kazarwa v Uganda ( CRIMINAL APPEAL NO. 17 OF 2015) [2017] UGSC 22 (10 August 2017);

Flynote: 

Search Summary: 

This was a second appeal filed by the appellant
after having been dissatisfied and aggrieved by

the judgment and decision of the Court of
Appeal. The appellant with two others were
indicted on the charge of murder and they
convicted and sentenced to life imprisonment.

Headnote and Holding: 

The court held that that where prosecution is
based on evidence of a single identifying
witness the Court must exercise great care so
as to satisfy itself that there is no danger of
basing conviction on mistaken identity. That It
is not enough for Court to merely remind itself
of its duty as a first appellate Court and citing
the provisions of the
Court Rules as the learned Justices did and also
citing an authority or authorities to that effect.
The reappraising has to clearly come out by
analyzing afresh the whole evidence and
subject it to fresh scrutiny as it's clearly stated.
That here was a misdirection in law by the
learned
Justices of the Court of Appeal to have failed
to direct themselves on the issue of sentencing
when it had been part of the prayers.

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