Eridadi Fagayo v Uganda (Criminal Appeal No. 2/1993) [1995] UGHCCRD 1 (10 April 1995)

Flynote

Criminal law|Evidence Law|Evaluation of Evidence

Case summary

On the issue of evaluating evidence, court held that this being the first appellate court it has the power to evaluate evidence as given in the lower court to its own conclusion. Further, court found that the trial magistrate was thorough with the evaluation as the witnesses were truthful and there were no inconsistences. On the issue of alibi, court held that the prosecution evidence well placed the accused person at the scene of the crime. On the illegality of the sentence, court found the same to be in order as it was given in accordance with the law. The court did not find the sentence excessive either and held that an appellate court can only enhance or reduce a sentence on appeal if special circumstances have been proved and was not satisfied that anything warrantied it to interfere with the sentence.

---