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Bahemuka William & another v Uganda (Cr.Appeal No. 4 of 2003)

Court of Appeal · [2010] UGCA 51 · 2010 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal against conviction and sentence from the High Court at Fort Portal
Decision
Appeal dismissed; conviction for murder and death sentence of both appellants confirmed

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Holding

The Court of Appeal dismissed the appeal against conviction and sentence for murder. It held the trial judge had considered and properly rejected the first appellant's plea of self defence, finding the attack occurred at the victim's home and the extensive, barbaric injuries proved malice aforethought rather than accidental or defensive killing. The second appellant was correctly convicted on the doctrine of common intention, evidenced by his shared purpose to rob the complainant and his conduct of fleeing the village; no law requires a co-accused to implicate an accused before conviction where ample connecting evidence exists. The death sentence was not harsh given the grisly manner of the killing and absence of mitigating factors.

Facts

On 9 March 2001 at Rubona Village, Kyenjojo District, the two appellants together with another person attacked the home of Karoli Rwabogo (PW2) at about 9:00 p.m. They beat PW2 unconscious and pulled him outside, threatening to pour cold water on him. When the deceased, Tereza Kiiza (PW2's wife and step-mother to the first appellant), heard this from hiding and raised an alarm, the attackers seized her, beat her and killed her. Her body was found near the first appellant's home the following day. The post-mortem revealed scalds, bruises, fractures and that she had been speared through the anus; death resulted from severe pain caused by blunt trauma. The first appellant admitted killing the deceased but claimed self defence arising from a dispute over mushrooms picked from his land. The second appellant claimed he had merely gone to intervene as a neighbour. The trial court rejected both defences and convicted them of murder.

Issues

  1. Whether the trial judge erred in convicting the first appellant of murder without properly considering his defence of self defence.
  2. Whether the second appellant was rightly convicted as a joint offender under the doctrine of common intention where the first appellant did not implicate him.
  3. Whether the death sentence imposed on the appellants was excessive in the circumstances.

Orders

  • Appeal dismissed.
  • Conviction and sentence of the High Court upheld.

Key headnotes

Murder — Defence of Self Defence — Proportionality and Availability
The defence of self defence is not available where the force used is disproportionate to any threat and the evidence shows deliberate, wanton infliction of extensive injuries on a helpless victim rather than an accidental or defensive killing.
Common Intention — Joint Offenders — No Requirement of Implication by Co-Accused
An accused may be convicted as a joint offender under the doctrine of common intention where there is ample evidence connecting him to the crime; there is no rule of law requiring a co-accused to implicate him before he can be convicted.
Conduct of Accused — Flight and Failure to Attend Burial as Indicators of Guilt
The conduct of an accused in fleeing the village soon after an incident and failing to attend the deceased's burial is inconsistent with the conduct of an innocent person and may support an inference of guilt.
First Appellate Court — Duty to Re-evaluate Evidence
A first appellate court has a duty to subject the entire evidence on record to exhaustive scrutiny and re-evaluate it to reach its own conclusion, while bearing in mind that it did not observe the witnesses testify.
Sentencing — Death Sentence for Murder — Aggravating Circumstances
A death sentence for murder will not be disturbed on appeal as excessive where the killing was committed in a grisly and barbaric manner warranting a deterrent sentence and there are no mitigating factors.

Legislation cited (3)

  • Penal Code Act s.183
  • Penal Code Act s.184
  • Penal Code Act s.20

Cases cited (1)

  • Sanyu Lwanga Musoke v Galiwango (Supreme Court Civil Appeal No. 48 of 1995)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.