Uganda Case Law

Uganda v Afeku

Uganda v Afeku (Criminal Case No. 0098 of 2014) [2017] UGHCCRD 30 (10 February 2017)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Case No. 0098 of 2014

Judge

Stephen Mubiru, J

The court found that the prosecution proved beyond reasonable doubt that the accused unlawfully caused the death of Miriga Frederick with malice aforethought. The accused's defence of provocation failed because the objective standard was not met; the deceased's conduct, though annoying, was not sufficient to deprive an ordinary person of self-control, and the accused had time for his passion to cool before the fatal act. The accused's mental health issues, while significant, did not amount to legal insanity or substantially impaired responsibility at the time of the offence. The accused admit…

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• Murder
• Defences To Criminal Liability
• Sentencing Guidelines
• Mental Health In Criminal Law

Rex v Kagari

Rex v Kagari (Criminal Appeal No. 232 of 1948) [1949] EACA 22 (1 January 1949)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 232 of 1948

Judge

Edwards CJ, Graham Paul CJ, Nihill P

The Court of Appeal for Eastern Africa held that a wife’s statement that she intended to leave her husband was not grave and sudden provocation under the Tanganyika Penal Code.

• Murder
• Provocation
• Penal Code Interpretation
• Homicide
• Defences To Criminal Liability
• Criminal-law

Rex v Katani

Rex v Katani (Criminal Appeal No. 227 of 1945) [1945] EACA 36 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 227 of 1945

Judge

Graham Paul CJ, Sheridan CJ, Whitley CJ

The court held that there was no evidence to suggest that an ordinary person of the appellant's community would have lost self-control and committed a fatal assault in response to being slapped twice by an unarmed person. The absence of such evidence meant that the facts did not constitute legal provocation. The court refused to establish a general rule that being slapped twice by an unarmed person could justify a lethal response. Each case must be determined on its own facts, and in this instance, the trial judge was correct in finding that provocation in law had not been established. The co…

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• Murder
• Provocation
• Defences To Criminal Liability

Rex v Famba

Rex v Famba (Criminal Appeal No. 18 of 1941) [1941] EACA 42 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 18 of 1941

Judge

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

The Court of Appeal for Eastern Africa held that an allegation of being a witch doctor was not sufficient provocation to reduce the killing from murder to manslaughter.

• Murder
• Provocation
• Defences To Criminal Liability
• Homicide
• Burden Of Proof
• Criminal-appeal