Malakoni v Reginam (Criminal Appeal No. 156 of 1955) [1955] EACA 350 (1 January 1955)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 156 of 1955
Judge
Holmes, J (Kenya), Nihill P, Worley VP
The Court of Appeal held that the trial judge misdirected himself on the burden of proof and drunkenness. Murder was quashed and manslaughter substituted.
Logoi v Reginam (Criminal Appeal No. 360 of 1955) [1955] EACA 361 (1 January 1955)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 360 of 1955
Judge
Nihill P, O'Connor CJ, Rudd J
The Court of Appeal for Eastern Africa dismissed a criminal appeal, upholding a manslaughter conviction and sentence and holding that section 325 allowed, but did not require, further evidence before sentence.
Ochede v Rex (Criminal Appeal No. 253 of 1951) [1952] EACA 220 (1 January 1952)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 253 of 1951
Judge
Bourke J, Nihill P, Worley VP
The Court found that the appellant intentionally stabbed the deceased with considerable force during a minor scuffle, occasioned by annoyance at the breaking of a lamp. The trial Judge correctly rejected the defences of accident, provocation, and drunkenness, finding no evidence of temporary insanity or sufficient provocation to reduce the offence to manslaughter. The possibility of self-defence was considered but dismissed, as the appellant was not in real danger and his response was out of all proportion to the provocation received. The circumstances warranted the inference of malice aforet…
Rex v Owori (Criminal Appeal No. 11 of 1947) [1947] EACA 13 (1 January 1947)
Court
East African Court of Appeal
Case number
Criminal Appeal No. 11 of 1947
Judge
Graham Paul CJ, Sheridan CJ, Thacker J
The Court found that while the appellant knowingly placed a grenade in a manner that caused an explosion, there was insufficient evidence to prove he intended to cause death or grievous bodily harm. The absence of motive and the appellant's state of intoxication, combined with his lack of special knowledge about grenades, led the Court to conclude that malice aforethought was not established. However, the act of causing an explosion in the eaves of a house was manifestly unlawful, and the resulting death of Akumu rendered the appellant guilty of manslaughter under Section 192 of the Uganda Pe…
Rex v Nswazalugudo and Another (Criminal Appeals Nos. 94 and 95 of 1945) [1945] EACA 21 (1 May 1945)
Court
East African Court of Appeal
Case number
Criminal Appeals Nos. 94 and 95 of 1945
Judge
Gray CJ, Manning J, Sheridan CJ
The court held that the evidence against the second appellant, Yozefu Kidemu, was sufficient to support a conviction for murder, based on affirmative eyewitness and medical testimony. However, regarding the first appellant, Asa Nswazalugudo, the court found that his partially drunken condition affected his capacity to appreciate or participate in the fatal act. The facts did not establish with legal certainty that Asa aided and abetted Yozefu in the killing. Asa was never seen with a weapon, and his actions—chasing and holding the deceased—were insufficient to infer common intent or joint res…
Rex v Ndolo (Criminal Appeal 14/1935.) [1935] EACA 80 (1 January 1935)
Court
East African Court of Appeal
Case number
Criminal Appeal 14/1935.
Judge
Hall, C.J. (Uganda), Sheridan, J, Webb, J
The Court of Appeal for Eastern Africa upheld a murder conviction, holding that drunkenness did not rebut the presumption of murder or negate intent on the facts.