Wakilii

Adupa and Others v Uganda (Criminal Appeal 327 of 2019)

Court of Appeal · [2023] UGCA 137 · 2023 Appeal Dismissed ✦ AI-generated summary ↓ Download
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court conviction and sentence for murder
Decision
Appeal dismissed; conviction and 25-year sentence for murder upheld

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Cited — treatment unverified cited in 1 (treatment unverified) Derived from citing cases in the Wakilii corpus — not an assertion that this case is good law.

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Holding

The Court of Appeal dismissed the appeal against conviction and sentence for murder. It held the prosecution proved unlawful death, malice aforethought (inferred from use of a bayonet to a leg with many veins causing fatal bleeding), and the appellants' participation. The identifying eyewitnesses PW1 and PW2 knew the accused, observed the assault with torchlight over about an hour in relaxed conditions while jointly on patrol, so the alibi was rightly rejected. PW6's post-mortem evidence was admissible given his long experience. On sentence, the court found no error: the sentencing range for murder starts at 35 years, and 25 years was not excessive. Conviction and sentence upheld.

Facts

On the night of 25 April 2006 at Otwal internally displaced persons camp in Apac district, the deceased Odongo (Ogwal) David, who was at home drunk and grumbling, was heard making noise by persons on night patrol around the camp. The patrol, including the appellants, went to his house and ordered him to stop. When he failed, they kicked open his door, stormed in, assaulted him and cut him on the left leg with a bayonet. The following morning the deceased was found dead in his house, having died from severe haemorrhage caused by the cutting of major blood vessels in his left leg. The appellants and others on patrol were arrested; the appellants were charged with murder. At trial each gave sworn evidence denying killing the deceased or being on patrol, raising alibis. PW1 and PW2, fellow patrol members, identified the appellants. PW6, a clinical officer, conducted the post-mortem. The High Court at Lira convicted all five and sentenced each to 25 years' imprisonment.

Issues

  1. Whether the trial judge erred in convicting the appellants of murder on insufficient evidence that failed to discharge the prosecution's burden of proof beyond reasonable doubt.
  2. Whether the sentence of 25 years' imprisonment imposed on each appellant was harsh and excessive.

Orders

  • The conviction of the trial court is upheld.
  • The sentence of the trial court is upheld.

Key headnotes

Murder — Unlawful Death — Proof of Cause of Death by Post-Mortem Evidence
Where a deceased dies from severe haemorrhage caused by a deep cut wound, the death is unlawful, and post-mortem evidence of a clinical officer with substantial practical experience in conducting such examinations is admissible and credible, especially where corroborated by eyewitness testimony.
Murder — Malice Aforethought — Inference from Weapon and Part of Body Injured
Malice aforethought, being a mental element rarely proved by direct evidence, may be inferred from the weapon used and the part of the body injured; the use of a bayonet to inflict a fatal cut to a leg containing many veins, leading to severe bleeding and death, establishes malice aforethought.
Identification — Difficult Conditions — Need for Caution and Defence of Alibi
Where identification is made under difficult conditions, the court must exercise great care to exclude the possibility of mistaken identity; where identifying witnesses knew the accused, observed the events at close range with torchlight over a prolonged period in relaxed conditions, a defence of alibi is properly rejected and the accused placed at the scene.
Sentencing — Murder — Appellate Interference with Trial Court Discretion
An appellate court will not normally interfere with the sentencing discretion of a trial judge unless the sentence is illegal or manifestly so excessive as to amount to an injustice; given that the sentencing range for murder starts at 35 years, a 25-year sentence for murder is not harsh or excessive.

Legislation cited (8)

  • Penal Code Act Cap 120 s.188
  • Penal Code Act Cap 120 s.189
  • Penal Code Act Cap 120 s.191
  • Evidence Act Cap 6 s.103
  • Constitution of the Republic of Uganda 1995 art.23(8)
  • Judicature (Court of Appeal Rules) Directions S.I 13-10 r.30(1)(a)
  • Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013 Guideline 6(c)
  • Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions, 2013 Guideline 19(1)

Cases cited (21)

  • Begumisa and Others v Kibebaga (Civil Appeal No. 17 of 2002)
  • Woolmington v DPP [1935] AC 462
  • Miller v Minister of Pensions [1947] 2 All ER 373
  • Sekitoleko v Uganda (1967) EA 531
  • Okethi Okale and Others v Uganda (1965) EA 555
  • Uganda v Kassim Obura and Others [1981] HCB 9
  • Abdalla Bin Wendo and Another v R (1953) 20 EACA 166
  • Nabulere and Others v Uganda (Criminal Appeal No. 1 of 1997)
  • Sentale v Uganda (1969) EA 365
  • Bogere Moses v Uganda (Criminal Appeal No. 1 of 1997)
  • Festo Androa Asenua and Another v Uganda (Criminal Appeal No. 1 of 1998)
  • Wofeda Steven v Uganda (Criminal Appeal No. 169 of 2003)
  • Aguipi Isaac alias Zako v Uganda (Criminal Appeal No. 281 of 2016)
  • Kyalimpa Edward v Uganda (Criminal Appeal No. 10 of 1995)
  • R v Haviland (1983) 5 Cr App R (S) 109
  • Byamukama Herbert v Uganda (Criminal Appeal No. 21 of 2017)
  • Abele Asuman v Uganda (Criminal Appeal No. 66 of 2016)
  • Uwihayimana Molly v Uganda (Criminal Appeal No. 103 of 2009)
  • James Yaram V Rex 1995 (18) EACA 141
  • Aharikundira v Uganda (Criminal Appeal No. 27 of 2015)
  • Mbunya Godfrey v Uganda (Criminal Appeal No. 4 of 2011)
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.