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

Rex v Murume

Rex v Murume (Criminal Appeal No. 108 of 1945) [1945] EACA 24 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 108 of 1945

Judge

Gray CJ, Sheridan CJ, Whitley CJ

The Court of Appeal held that a thief caught stealing produce from the appellant’s shamba amounted to legal provocation, reducing murder to manslaughter.

• Manslaughter
• Provocation
• Homicide
• Self Control
• Penal Code Interpretation
• Criminal-law

Rex v Theodori

Rex v Theodori (Criminal Appeal No. 201 of 1945) [1945] EACA 29 (1 January 1945)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 201 of 1945

Judge

Gray CJ, Sheridan CJ, Whitley CJ

The Court held that the alleged provocation—vulgar abuse and an attempted assault by the deceased—was not sufficient to deprive an ordinary person of the appellant's class of self-control. The trial court was entitled to reject the appellant's version of events in favour of the eyewitness testimony. Even if the appellant's account were accepted, the provocation was too slight to meet the legal standard required to reduce murder to manslaughter under sections 191 and 192 of the Penal Code. The use of an axe and the number of blows did not, by themselves, preclude the defence of provocation, bu…

Source excerpt

• Murder
• Provocation
• Self Control
• Penal Code Interpretation

Rex v Oba

Rex v Oba (Criminal Appeal No. 90 of 1941) [1941] EACA 98 (1 January 1941)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 90 of 1941

Judge

Sheridan CJ, Webb CJ, Whitley CJ

The Court of Appeal for Eastern Africa upheld a murder conviction, holding that the alleged insulting words were not sufficient provocation to reduce the offence.

• Murder
• Provocation
• Insulting Words
• Manslaughter Reduction
• Self Control
• Penal Code Section 192