Odong v Uganda (Criminal Appeal No. 25 91)

The full judgment

Read the complete, verbatim text of this judgment.

Holding

The Supreme Court dismissed the appeal against conviction and sentence. A police officer who shot and killed an unarmed, non-threatening suspect to prevent his escape used excessive force; the use of force must be a last resort and there were other means of compelling the suspect's attendance. The trial judge was right to convict of manslaughter rather than murder, since the officer had no intention to kill. The 10-year sentence, though severe, was not manifestly harsh given that there were no compelling or provoking circumstances requiring the use of a gun.

Facts

The appellant, a police constable attached to Mpererwe Police Post, was detailed on 29th June 1990 to investigate a reported theft of a radio. Armed with a rifle, he traced the radio and, in the course of his enquiries, arrested a man, Kabuga, who was suspected of involvement or of knowing the whereabouts of the prime suspect, Salongo. Kabuga was told to go to the police station to make a statement. After a few paces he started to run away. The appellant chased him and fired two bullets, which struck and killed Kabuga. The trial judge accepted that the appellant was carrying out his duty as a police officer in arresting the suspect, but found that he used excessive force to prevent the unarmed suspect, who posed no threat, from escaping.

Issues

1. Whether the appellant was rightly convicted of manslaughter rather than murder.
2. Whether the appellant, a police officer, was justified in shooting an unarmed fleeing suspect to prevent his escape.
3. Whether the sentence of 10 years' imprisonment was manifestly severe.

Orders

• Appeal against conviction and sentence dismissed.
• Conviction for manslaughter and sentence of 10 years' imprisonment upheld.

Key headnotes

Legislation cited (1)

• Penal Code Act s.182