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Uganda decisions
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Uganda v Ocayotto & Ors (Criminal Sessions Case No. 178 of 2017) [2018] UGHCCRD 184 (15 October 2018)
The High Court at Gulu convicted two accused of murder based on circumstantial evidence, acquitted three others, and imposed prison terms after reducing for remand time.
Uganda v Ogen (Criminal Sessions Case No. 0033 of 2018) [2018] UGHCCRD 117 (17 May 2018)
The court found that the prosecution proved all elements of murder beyond reasonable doubt: the death of Akumu Haziena occurred, was caused unlawfully by prolonged assault and torture, and was actuated by malice aforethought as evidenced by the use of deadly weapons on vulnerable body parts resulting in fatal injuries. The accused's direct participation was established through eyewitness testimony, his own confession, and corroborating evidence. The defence of non-participation was discredited by multiple witnesses who saw the accused actively assault the deceased and direct others to do so.…
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Uganda v Yoningom (Criminal Sessions Case No. 0166 of 2016) [2018] UGHCCRD 115 (16 May 2018)
The court found that the prosecution proved all elements of murder beyond reasonable doubt: the death of Nyatho Sika occurred and was caused by unlawful assault, evidenced by medical and eyewitness testimony. The injuries inflicted—multiple cuts, broken ribs, and a twisted neck—were consistent with the use of deadly weapons and demonstrated malice aforethought. The accused was placed at the scene by the deceased's dying declaration, corroborated by other witnesses and his own partial admission. The court held that even as an abetter, the accused's substantial participation rendered him crimin…
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Uganda v Ochir (Criminal Sessions Case No. 0144 of 2015) [2018] UGHCCRD 112 (16 May 2018)
The court found that the prosecution proved beyond reasonable doubt all the elements of murder against Ochir Benson. The death of Opio Jerry was established by post mortem evidence and eyewitness testimony. The cause of death was a ruptured spleen resulting from a prolonged assault with a deadly weapon, a dry piece of wood, which was used with sufficient force and aimed at a vulnerable part of the body. Malice aforethought was inferred from the nature of the weapon, the manner of assault, and the targeted body part. The accused was positively identified as an active participant in the assault…
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Uganda v Ekellu & Ors (HCT-09-CR-SC-0032 OF 2014) [2018] UGHCCRD 102 (30 April 2018)
The court found that Opolot Paul died as a result of an unlawful act committed with malice aforethought while in police custody. Medical evidence ruled out suicide, indicating homicide by neck twisting and spinal injury. The accused, including police officers and civilians, were present and participated in the events leading to the death. Their actions, including denying access to the deceased's mother, orchestrating a medical examination in the cells, and attempting to disguise the killing as suicide, demonstrated a common intention to cause death. The court acquitted the medical personnel,…
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Matovu Musa Kassim v Uganda [2005] UGSC 17 (18 August 2005)
The Supreme Court held that the appellant's confession, though repudiated at trial, contained details only a participant could know and was admitted without objection from counsel. The trial judge and Court of Appeal properly evaluated the evidence and found the confession credible. The law does not require corroboration for a conviction based on a confession if the court is satisfied of its truth after considering all circumstances. The appellant's claim of being framed and tortured was found to be an afterthought, unsupported by evidence or physical signs. The appellant's role as a lookout…
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Lekishon and Others v Reginam (Criminal Appeal No. 268 of 1956) [1950] EACA 626 (1 January 1950)
The Court of Appeal upheld murder convictions arising from a Masai armed raid to recover a heifer, holding that common intention made all appellants liable.
Kariwa v Rex (Criminal Appeal Nos. 211, 212, 213, 214 and 215 of 1949) [1949] EACA 49 (1 January 1949)
The Court of Appeal upheld six murder convictions arising from one raid, holding that the counts could be joined and that common intent made all appellants liable.
Rex v Hirji and Others (Criminal Appeals Nos. 32, 33 and 34 of 1946) [1946] EACA 32 (1 January 1946)
The court held that while the evidence established beyond doubt that the deceased was killed by strangulation at the hands of one of the four persons found in the inner room, it did not establish a common intention among all accused to kill or cause grievous harm. The evidence supported only a common intention to assault, not to murder. The court found that unsworn statements by co-accused could not be used against others unless they amounted to confessions, which was not the case here. The misdirection by the trial judge regarding the use of such statements did not occasion a failure of just…
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Rex v Maganga and Another (Consolidated Appeals Nos. 160 and 161 of 1942) [1943] EACA 13 (1 January 1943)
The Court of Appeal found that the evidence, particularly the testimony of Yokana, was sufficient to implicate both accused in the assault and killing of Amengartu. The first accused, Kelementi, was found to have acted in concert with the second accused, Zadoki, and was therefore equally responsible for the death under Section 21(b) of the Penal Code. However, the Court identified a reasonable doubt as to whether both accused did not receive grave and sudden provocation, given the circumstances surrounding the alleged act of witchcraft and the deceased's reputation as a wizard. Applying the p…
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