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Uganda decisions
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Rex v Ndembera (Criminal Appeal No. 97 of 1947) [1947] EACA 30 (1 January 1947)
The Court of Appeal held that native custom must be proved by evidence. The murder conviction was reduced to manslaughter because the killing occurred during a struggle and provocation.
Rex v Rukongo and Another (Criminal Appeals Nos. 87 and 88 of 1940) [1940] EACA 18 (1 January 1940)
The Court of Appeal for Eastern Africa reduced murder convictions to manslaughter after finding no malice aforethought in a fatal beating done under claimed tribal custom.
Rex v Mulumbi and Others (Cr. A15ps. 31 to 100/1932.) [1932] EACA 27 (1 January 1932)
The court held that the collective beating of the deceased by seventy individuals, even with thin sticks, demonstrated knowledge that their actions would probably cause death or grievous harm, thus satisfying the requirement of malice aforethought for murder under the Penal Code. The appellants' belief in witchcraft and invocation of native custom could not excuse or reduce their liability, as such beliefs are not recognized as defences to homicide unless there is immediate danger to life amounting to grave and sudden provocation. The court affirmed that the law does not tolerate the killing…
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