Uganda Case Law

Kipturji v Rex (Cr.A. 138/1934.)

Kipturji v Rex (Cr.A. 138/1934.) [1937] EACA 188 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr.A. 138/1934.

Judge

Abrahams CJ, Ag P (Uganda), Bates, J. (Tanganyika), McDougall, Ag. C.J. (Tanganyika)

The court held that malice aforethought cannot be established solely by intent to commit a felony under section 189(c) of the Penal Code unless the felony was likely to cause death or grievous harm. The appellant's act of stabbing the deceased was impulsive and lacked homicidal intent or intent to inflict grievous harm. English legal authorities do not support the proposition that any felonious act resulting in death automatically constitutes murder. The court distinguished between acts of violence felonious in themselves and those done in the course of furtherance of a felony, concluding tha…

Source excerpt

• Murder
• Manslaughter
• Malice Aforethought
• Unlawful Wounding
• Constructive Murder