Uganda Case Law

Rex v Fumbirwa and Another (Cr.A. Nos. 148 and 149 of 1936.)

Rex v Fumbirwa and Another (Cr.A. Nos. 148 and 149 of 1936.) [1936] EACA 114 (1 January 1936)

Court

East African Court of Appeal

Case number

Cr.A. Nos. 148 and 149 of 1936.

Judge

Dalton, C.J(Tanganyika), Hearne, J (Tanganyika), Sheridan CJ

The Court held that, under Ugandan law, manslaughter is constituted by an unlawful act or omission causing death, regardless of intention to cause death. The appellants' act of hanging the woman, even if done under the honest and reasonable belief that she was already dead, was an unlawful act because it was done with the intent to fabricate evidence and mislead a tribunal, as contemplated by section 84 of the Penal Code. The trial judge was justified in inferring such intent from the circumstances. The Indian law on culpable homicide, which requires intention, was found inapplicable. The Cou…

Source excerpt

• Manslaughter
• Unlawful Act
• Intent
• Accessory After The Fact
• Fabrication Of Evidence