Uganda v Lubega & Anor 2 (Criminal Session Case No. 78/89) [1989] UGHCCRD 2 (29 November 1989)

Flynote

Criminal law|Burden of Proof

Case summary

The trial judge considered the prosecution’s evidence and the accused’s defence and came to the conclusion that the accused had been compelled to act as he did given the totality of the evidence and the truthfulness of his testimony, and that the prosecution had failed to rebut this defence. It was emphasized that the burden of proving a defendant’s guilt always lies on the prosecution and that this also means that where a defendant raises a defence except the defence of insanity, he or she bears no duty to prove it. Instead, the duty to disprove it lies on the prosecution. Consequently, the accused was acquitted.

---