DW.2 was W ananda son 2009- he was athome -with ~ ...... ,.., to beat· the ·that on 1 father doing carpentry work. . th~y They did not know he..,......... ,.,. . . testified the house but did August come wanted the the father. He does not know who killed his 6:00p.m mother. The mob came After destroying the pangas, sticks and they left DW.3 was Wanzehere Wilberforce another son to the accused. did not know why he was in court. all of them ran away from home including In cross-examination DW.3 was Before case: close of can proceed to convict an accused person a criminal trial the prosecution must have proved beyond any reasonable doubt the accused This burden proofdoes not shift to the defence unless the law expressly provides so. Woo!mington v. In a for [935] A.C. prosecution bears the duty of proving the inter alia that: (l)A (2) of being was was unlawful; (3) The accused participated in that killing, and; 6

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