Uganda Case Law

Rex v Mufabi

Rex v Mufabi (Criminal Appeal No. 20 of 1945) [1945] EACA 10 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 20 of 1945

Judge

Bartley J, Sheridan CJ, Wilson ACJ

The Court of Appeal found that the appellant was suddenly and painfully assaulted by the deceased, resulting in immediate retaliation before his passion had time to cool. The provocation was sufficiently grave to deprive an ordinary person of self-control, and the evidence did not support a finding of independent malice or revenge. Although the violence used was excessive, the requirements for legal provocation under sections 198 and 199 of the Uganda Penal Code were satisfied. The conviction for murder was therefore quashed and substituted with manslaughter, and the appellant was sentenced t…

Source excerpt

• Murder
• Provocation
• Manslaughter
• Heat Of Passion
• Self Control
• Sentencing

Rex v Bulakale

Rex v Bulakale (Criminal Appeal No. 29 of 1945) [1945] EACA 9 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 29 of 1945

Judge

Bartley J, Sheridan CJ, Wilson ACJ

The Court of Appeal for Eastern Africa held that a fatal spear attack after provocation reduced murder to manslaughter, and substituted a ten-year hard labour sentence.

• Murder
• Provocation
• Manslaughter
• Heat Of Passion
• Self Control
• Retaliation