Witness Testimony

Stephen Mugume v Uganda ((Cr.Appeal No.20 Of 1995)) [1995] UGSC 13 (28 November 1995);


Search Summary: 

This was an appeal from conviction, where the appellant had been convicted for simple robbery and sentenced to five year’s imprisonment and ordered to receive five strokes of cane.


The appellant argued that the trail judge erred in law and in fact when he failed to properly evaluate the evidence regarding identification as a whole thereby occasioning a miscarriage of justice. The court however, found that, the quality of identification was good, and that the appellant was rightly placed at the scene of robbery.


Further, the appellant criticized the conduct of the identification parades and argued that the descriptions given by the two witnesses were not so peculiar to the appellant as to make him easily identifiable.

Headnote and Holding: 

It was found that only two witnesses participated at the identification parade, and that their statements were not consistent, the appellant was the only taller participant and his skin appearance was equally conspicuous.

Therefore, the identification parade was not done fairly, thus, the appellant was wrongly identified.


Therefore, the appeal succeeded on this ground. The conviction was quashed and the sentence set aside and the appellant was set free.


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