Uganda v Obicho (Criminal Session Case No. 155 of 1994) [1994] UGHCCRD 25 (15 September 1994)

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Criminal law|Evidence Law

Case summary

Essential for robbery There was a robbery. Court held that the prosecution has proved the ingredient of robbery as charged. At or immediately before or immediately after the said robbery, a deadly weapon was used. Court held that in even in the absence of a forensic report, it was inclined to believe that in the course of the alleged robbery a deadly weapon to wit a gun was used which killed a victim who was found with a bullet wound from the back with an exit on the right side on his chest. Whether it was the accused persons who carried out the robbery. In the absence of identification witness, court took into consideration factors such as the nature of the property stolen, whether it is of a kind that readily passes from hand to hand, and the trade or occupation to which the accused person belonged. Court applied the doctrine of recent possession. That in absence of direct evidence to link the accused with the robbery, his conduct was put into account. Court held that his conduct gives only one inference that he is the guilty receiver of stolen property

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