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Court Must Not Base Itself on The Isolated Evaluation Of The Prosecution Evidence Alone But Base Itself Upon The Evaluation Of The Evidence As A Whole, Says Supreme Court

Mwanga Moses V Uganda Criminal Appeal No. 02 Of 2018

The Honorable Justices of the Supreme Court Hon. Justice Faith Mwondha, Lillian Tibatemwa, Paul Mugamba, Richard Buteera and Jotham Tumwesigye in their judgment delivered on 21st October, 2019 state that evidence should be evaluated as a whole.

This was a second Appeal arising from the decision of the Court of Appeal Judge Stephen kavuma and Remmy Kasule. The Appellant appealed against both the sentence and conviction of the Court of Appeal Judges on the ground that the Judges in coming up with their decision did not properly discredit his alibi, the Appellant stated that the Judges made no effort to place the accused at the scene of the crime and that the Justices relied on the stated evidence of witnesses to hold the alibi crumbled on that account.

The Justices of the Supreme Court in dismissing the Appeal and upholding the sentence and conviction of the Court of the appeal unanimously held that what amounts to putting an accused person at the scene of the crime at the material time. It was further held that in order to hold that such proof has been achieved, the Court must not base itself on the isolated evaluation of the prosecution evidence alone but base itself upon the evaluation of the evidence as a whole which the Court of Appeal in this instance did. Therefore, the alibi was properly discredited and the accused was properly placed on the crime scene.