Uganda Case Law

Kweyu v Reginam

Kweyu v Reginam (Criminal Appeal No. 237 of. 1956) [1950] EACA 593 (1 January 1950)

Court

East African Court of Appeal

Case number

Criminal Appeal No. 237 of. 1956

Judge

Bacon, JA, Briggs (Acting Vice-President), Sinclair, AP

The conviction for murder was quashed and substituted with manslaughter because the appellant, while acting under grave and sudden provocation from Maluba, mistakenly killed Matias. The trial Judge misdirected himself by focusing on the appellant's state of mind after the killing of Matias, rather than at the moment of the act. The doctrines of transferred malice and transferred provocation were applicable, and the evidence supported that the appellant's intent and provocation were directed at Maluba, not Matias. The appellant's mistaken identity in the darkness and the severe provocation jus…

Source excerpt

• Murder
• Manslaughter
• Provocation
• Transferred Malice
• Intent

Rex v Kwenyema (Cr.A. 111/1934.)

Rex v Kwenyema (Cr.A. 111/1934.) [1937] EACA 169 (1 January 1937)

Court

East African Court of Appeal

Case number

Cr.A. 111/1934.

Judge

Horne J, Lucie-Smith Ag CJ (Kenya), Webb, J

The Court of Appeal held that provocation could reduce the offence to manslaughter even though the person killed was not the provoker, and altered the conviction accordingly.

• Manslaughter
• Provocation
• Transferred Malice
• Homicide
• Sentencing
• Criminal Liability