NO. 3222 Private Okwera Vs Uganda
NO. 3222 Private Okwera Vs Uganda (Criminal Appeal No. 520 of 2014) [2016] UGCA 23 (6 June 2016)
The Court found that the appellant, by aiming and firing a gun at Pw2, acted with malice aforethought as defined by Section 191 of the Penal Code Act, even though the bullet struck and killed the deceased child instead. The intention to shoot at Pw2, combined with the use of a deadly weapon and the fatal result, satisfied the legal requirements for malice aforethought. The Court rejected the argument that acting under superior orders negated malice aforethought, noting that the appellant's actions were voluntary and the evidence did not support lack of intent. The Court also found no material…
Source excerpt
- Murder
- Malice Aforethought
- Evaluation Of Evidence
- Mandatory Sentencing
- Superior Orders
- Contradictory Testimony