Uganda Case Law

M'yeka v Rex

M'yeka v Rex (Criminal Appeal No. 28 of 1951) [1951] EACA 169 (1 January 1951)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 28 of 1951

Judge

Lockhart-Smith, J, Nihill P, Worley VP

The Court held that the correct date to be stated in a charge of homicide is the date on which the wrongful act was committed, as established in Rex v. Lujo. Although the information stated the date of death rather than the date of injury, the Court found that this error did not prejudice the appellant, given the circumstances and evidence. The defence of drunkenness was rejected, as the appellant's actions and statements demonstrated sufficient awareness and intent. The conviction for murder was upheld, and the appeal was dismissed.

Source excerpt

• Homicide Charge Date
• Drunkenness Defence
• Murder Conviction
• Criminal Information
• Procedural Error

Rex v Retief

Rex v Retief (Criminal Appeal No. 119 of 1941) [1941] EACA 71 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 119 of 1941

Judge

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

The Court of Appeal upheld a murder conviction, holding that drunkenness is no excuse unless it induces insanity or prevents formation of intent.

• Murder
• Drunkenness Defence
• Insanity
• Malice Aforethought
• Jury Directions
• Criminal-law

Rex v Chumachienda

Rex v Chumachienda (Criminal Appeal 172/1934) [1935] EACA 73 (1 January 1935)

Court

East African Court of Appeal

Case number

Criminal Appeal 172/1934

Judges

Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Sheridan, P

The court held that the evidence supported the conviction for murder and that the appellant's drunkenness did not negate the specific intent required for the offence. The court found no reasonable doubt as to the appellant's capacity to form intent at the time of the assault. The procedural question raised was resolved by directing that the precedent in Rex v. Murray should be followed for confirmation of convictions, rather than the approach in Rex v. Saiti. The appeal was dismissed and the conviction for murder was upheld.

Source excerpt

• Murder
• Drunkenness Defence
• Intent
• Manslaughter
• Criminal Liability