Uganda Case Law

Rex v Cherono and Another (Consolidated Cr. Apps. 43 and 44/1933.)

Rex v Cherono and Another (Consolidated Cr. Apps. 43 and 44/1933.) [1933] EACA 19 (1 January 1933)

Court

East African Court of Appeal

Case number

Consolidated Cr. Apps. 43 and 44/1933.

Judge

Abrahams CJ, Ag P (Uganda), Johnson, Ag. C.J. (Zanzibar), Sheridan, C.J. (Tanganyika)

The court held that although neither appellant inflicted the fatal wound, all three men set out armed with lethal weapons with the common intention of stealing goats. Their conduct demonstrated a willingness to use violence to achieve their purpose, and the use of such weapons made it probable that violence, and potentially fatal injury, would occur. Under section 189 of the Penal Code, malice aforethought is established when death is caused in the course of committing a felony involving violence. Section 22 further provides that all participants in such a common intention are equally liable.…

Source excerpt

• Murder
• Malice Aforethought
• Common Intention
• Felony Murder Rule
• Accessorial Liability
• Use Of Lethal Weapons