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Uganda decisions
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Rex v Mugweri (Criminal Appeal No. 256 of 1947) [1947] EACA 57 (1 January 1947)
The Court of Appeal for Eastern Africa upheld a murder conviction, holding that a mistress’s words about another lover were not provocation under section 199 of the Uganda Penal Code.
Rex v Lumu (Criminal Appeal No. 72 of 1946) [1946] EACA 37 (1 January 1946)
The court held that the doctrine of legal provocation, which can reduce a charge of murder to manslaughter, is only applicable where the provocative act occurs in the presence of the accused. In this case, the administration of the black powder, whether viewed as witchcraft or poisoning, was not performed in the presence of Emilio Lumu. The accused's honest belief that the deceased had bewitched or poisoned his child, and the emotional distress following the child's death, did not satisfy the legal requirements for provocation under Ugandan law or English common law. The court emphasized that…
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Rex v Obita (Criminal Appeal No. 36 of 1943) [1943] EACA 26 (1 January 1943)
The Court of Appeal held the appellant was entitled to the benefit of the doubt on provocation, quashed a murder conviction, and substituted manslaughter.
Rex v Ongiro (Cr. App. No. 116 of 1938.) [1938] EACA 111 (1 January 1938)
The court held that provocation sufficient to reduce murder to manslaughter does not require the provocative act to occur in the accused's presence. If the accused receives information and immediately observes circumstances confirming that information, and acts under an honest and reasonable belief of provocation, the law recognizes this as grave and sudden provocation under section 199 of the Uganda Penal Code. The appellant, upon seeing his nephew unconscious and Aupale present with a stick, acted under such belief. The evidence raised reasonable doubt that the appellant acted under grave a…
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