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Uganda decisions
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Uganda v Byansi (Criminal Session Case No. 280 of 2014) [2019] UGHCCRD 103 (3 March 2019)
The High Court struck out a murder indictment against Byansi Peter for omitting malice aforethought, treating the defect as incurable and discharging him.
Uganda v Tako (Criminal Session Case 258 of 1993) [1994] UGHC 52 (9 May 1994)
The court found that the accused, together with other soldiers, engaged in a common unlawful purpose to torture suspected wizards, resulting in the death of Filimoni Pili. The evidence established that the accused was present, participated in the torture, and did not dissociate himself from the acts leading to death, satisfying the requirements of common intention under section 22 of the Penal Code Act. However, the court held that the prosecution failed to prove malice aforethought, as the intention was to torture rather than to kill, and the weapons used were not inherently lethal. Conseque…
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Uganda v Byansi (Criminal Session Case No. 280 of 2014) [2019] UGHCCRD 16 (26 March 2019)
The indictment for murder was incurably defective because it omitted the mandatory ingredient of malice aforethought in the particulars of the charge. This omission contravened statutory requirements under the Trial on Indictment Act and the Penal Code Act, and was supported by binding and persuasive case law. The defect could not be cured by amendment at the late stage of proceedings, as all evidence had been called and the accused would be prejudiced. Even if the indictment were valid, the prosecution failed to prove the elements of murder beyond reasonable doubt. Consequently, the proceedi…
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