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1 Jan 1943

Criminal Law [1943] EACA 34

Rex v Mughuira and Others

Rex v Mughuira and Others (Criminal Appeals Nos. 123, 124, 125, 126, 127, 128, 129, 130 and 131 of 1943 (Consolidated)) [1943] EACA 34 (1 January 1943)

Court: East African Court of Appeal
Case number: Criminal Appeals Nos. 123, 124, 125, 126, 127, 128, 129, 130 and 131 of 1943 (Consolidated)
Judge: Sheridan CJ, Webb CJ, Whitley CJ

The court held that although only one appellant was armed and committed the fatal act, all nine appellants had formed a common intention to commit burglary, an unlawful act. The court found that resistance by the owner was a probable consequence of the burglary, and that overcoming such resistance by violence was within the contemplation of the group. The doctrine of common intention, as defined in section 22 of the Penal Code, rendered all appellants equally responsible for the murder committed by the first accused. The court relied on precedent (R. v. Chebiegon and another) to affirm that p…

Source excerpt

Murder
Burglary
Common Intention
Accessorial Liability
Joint Criminal Enterprise

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1 Jan 1933

Criminal Law [1933] EACA 19

Rex v Cherono and Another (Consolidated Cr. Apps. 43 and 44/1933.)

Rex v Cherono and Another (Consolidated Cr. Apps. 43 and 44/1933.) [1933] EACA 19 (1 January 1933)

Court: East African Court of Appeal
Case number: Consolidated Cr. Apps. 43 and 44/1933.
Judge: Abrahams CJ, Ag P (Uganda), Johnson, Ag. C.J. (Zanzibar), Sheridan, C.J. (Tanganyika)

The court held that although neither appellant inflicted the fatal wound, all three men set out armed with lethal weapons with the common intention of stealing goats. Their conduct demonstrated a willingness to use violence to achieve their purpose, and the use of such weapons made it probable that violence, and potentially fatal injury, would occur. Under section 189 of the Penal Code, malice aforethought is established when death is caused in the course of committing a felony involving violence. Section 22 further provides that all participants in such a common intention are equally liable.…