Uganda v Wetyaki (Criminal Session Case No. 138/94) [1994] UGHCCRD 19 (19 December 1994)

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Criminal law|Evidence Law

Case summary

whether: There was theft court held that theft was proved when the attackers carried away items from the victim’s shop. There was violence where court held that the actions of the attackers of ordering the victims to choose to either lie down or be shot amounted to violence. A deadly weapon was used or threatened to be used court held that a robbery with aggravation was committed when the attackers gave orders and threatened to use a deadly weapon, a panga if they do not obey. The accused participated in the exercise, he evidence is circumstantial. On the issue of circumstantial evidence concerning recent possession and discovery of the items court held that the prosecution evidence was marred with major contradictions which seriously affect the credibility of the star witness in the case and was thus not only weakened but totally destroyed and thus prosecution failed to prove its case beyond reasonable doubt.

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