Uganda Case Law

Uganda v Iwa

Uganda v Iwa (Criminal Sessions Case No. 0111 of 2017) [2018] UGHCCRD 56 (1 March 2018)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Sessions Case No. 0111 of 2017

Judge

Stephen Mubiru, J

The court found that the prosecution proved beyond reasonable doubt all essential ingredients of murder: the death of Adrawa Richard occurred, was caused by an unlawful act (boxing the deceased on the neck resulting in fatal injuries), was actuated by malice aforethought (the attack was unprovoked and directed at a sensitive part of the body with sufficient force to foresee death as a probable consequence), and that the accused was the perpetrator as placed at the scene by eyewitness testimony. The defence's alternative explanations (accident, epilepsy) were unsupported by credible evidence o…

Source excerpt

• Murder
• Malice Aforethought
• Causation Of Death
• Sentencing Guidelines
• Burden Of Proof

Uganda v Ekwere & Anor (HCT-09-CR-SC-0062 of 2016)

Uganda v Ekwere & Anor (HCT-09-CR-SC-0062 of 2016) [2017] UGHCCRD 85 (28 April 2017)

Court

HC: Criminal Division (Uganda)

Case number

HCT-09-CR-SC-0062 of 2016

Judge

Batema, J

The High Court acquitted two accused of murder after finding no post-mortem or medical evidence proving the cause of death or linking their acts to death.

• Murder
• Causation Of Death
• Prima Facie Case
• Acquittal
• Causation-of-death
• Prima-facie-case

Nanyonjo Harriet and Another v Uganda

Nanyonjo Harriet and Another v Uganda [2007] UGSC 10 (5 July 2007)

Court

Supreme Court of Uganda

The Supreme Court of Uganda allowed a murder appeal in part, quashed murder convictions, substituted manslaughter, and sentenced each appellant to seven years.

• Murder
• Manslaughter
• Malice Aforethought
• Common Intention
• Causation Of Death
• Malice-aforethought

Begum and Another v Reginam

Begum and Another v Reginam (Criminal Appeal No. 302 of 1955) [1950] EACA 402 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 302 of 1955

Judge

Bacon, JA, Corrie J, Worley, P

The appeal court set aside manslaughter convictions because medical evidence did not rule out natural causes of death, but upheld assault convictions.

• Manslaughter
• Assault Occasioning Actual Bodily Harm
• Medical Evidence
• Lawful Chastisement
• Causation Of Death
• Medical-evidence

Rex v Kaliebi and Another

Rex v Kaliebi and Another (Criminal Appeals Nos. 107 and 108 of 1941) [1941] EACA 73 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 107 and 108 of 1941

Judge

Sheridan, (C.J. Kenya), Webb CJ, Whitley CJ

The second appellant was properly convicted of murder because he inflicted a fatal injury on the deceased, who was already in a weakened state due to a prior assault, and death resulted from the cumulative effect of the injuries. The first appellant's conviction for murder was set aside because there was no evidence of a common intention between him and the second appellant to cause grievous harm, nor was it established that the injuries inflicted by the first appellant alone would have caused death. The court clarified that common intention requires more than coincident intent; it must be de…

Source excerpt

• Murder
• Manslaughter
• Common Intent
• Causation Of Death
• Joint Criminal Liability

Rex v Rukongo and Another

Rex v Rukongo and Another (Criminal Appeals Nos. 87 and 88 of 1940) [1940] EACA 18 (1 January 1940)

Court

East African Court of Appeal

Case number

Criminal Appeals Nos. 87 and 88 of 1940

Judge

Webb CJ, Whitley CJ, Wilson CJ

The Court of Appeal for Eastern Africa reduced murder convictions to manslaughter after finding no malice aforethought in a fatal beating done under claimed tribal custom.

• Manslaughter
• Malice Aforethought
• Native Custom
• Penal Code Section 189
• Causation Of Death
• Sentencing

Rex v Muwanika and Others (Cr.A. Nos. 157-161 of 1936.)

Rex v Muwanika and Others (Cr.A. Nos. 157-161 of 1936.) [1936] EACA 129 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr.A. Nos. 157-161 of 1936.

Judge

Bates, J. (Tanganyika), Hearne, J (Tanganyika), Knight-Bruce, J. (Tanganyika), Sheridan, Actg. C.J. (Kenya)

The court found that the first appellant, Kimbugwe s/o Nyogoli, could not be convicted of murder or manslaughter because there was insufficient evidence that his initial assault caused the fatal injuries or that he shared a common intention with the other appellants in the subsequent assault. The other four appellants, by assaulting an already injured man, were found to have hastened his death, and thus were guilty of manslaughter. The evidence did not support a finding of common intention to cause death or grievous harm among the four, nor was it clear which assault caused the fatal injuries…

Source excerpt

• Manslaughter
• Murder
• Common Intention
• Causation Of Death
• Joint Liability