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Uganda Case Law

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Criminal Law [1994] UGHC 54

Uganda v Draleke

Uganda v Draleke (Criminal Session Case 255 of 1993) [1994] UGHC 54 (25 April 1994)

The court found that the deceased, Sabina Indiya, was dead and that her death was caused by a blow from the accused, Draleke Setimo. However, the court accepted the accused's explanation that the blow was accidental, occurring during a struggle with another person and without intent or malice. The unsworn testimony of the child witness, Night Aselua, was not corroborated by other witnesses, and there was no medical evidence to conclusively establish the cause of death as unlawful. The court held that under Section 9(1) of the Penal Code Act, the accused was not criminally responsible for an a…

  • Murder
  • Accidental Death
  • Burden Of Proof
  • Criminal Responsibility
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Criminal Law [1994] UGHC 53

Uganda v Draleke

Uganda v Draleke (Criminal Session Case 255 of 1993) [1994] UGHC 53 (25 April 1994)

The court found that the deceased, Sabina Indiya, was dead and that her death was caused by a blow delivered by the accused, Draleke Setimo. However, the court accepted the accused's explanation that the blow was accidental, occurring during a struggle with another person, and that there was no evidence of malice aforethought or unlawful intent. The unsworn statement of the child witness, Night Aselua, lacked corroboration and could not be solely relied upon. In the absence of medical evidence and with plausible accidental causation, the court held that the accused was not criminally responsi…

  • Murder
  • Accidental Death
  • Burden Of Proof
  • Criminal Responsibility
Read case analysis

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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.