Wakilii

Amis Katalikawe & 2 ors v Uganda [1995] UGSC 10

Supreme Court · 1995 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal to the Supreme Court against convictions for murder and capital robbery and a death sentence imposed by the High Court at Fort Portal.
Decision
Appeals dismissed; convictions for murder and capital robbery and the sentence of death upheld.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Supreme Court dismissed the appeals against convictions for murder and capital robbery. It held that identification was reliable: the witnesses knew the appellants well, a tadoba and moonlight illuminated the house, and the 30-minute incident gave ample opportunity to recognise the attackers. The alibis were properly rejected once identification placed the appellants at the scene, and disappearance after the offences evidenced guilt. Malice aforethought was readily inferred from the deliberate shooting of the deceased with a gun, a lethal weapon, after she identified an assailant. The defence of accident failed, accident being the unforeseen consequence of a conscious act. Taking the jerrican of value after the killing constituted capital robbery under s.273(2).

Outcome

Appeals dismissed; convictions for murder and capital robbery and the sentence of death upheld.

Facts

On the night of 12 March 1985 at Nyakasongo village, six persons invaded the home of PW2, Erika Rukanirwa, whose neighbours included the three appellants. The house was lit by a tadoba placed on a five-foot dividing wall, with additional moonlight. An assailant, Emmanuel, placed a gun on PW2's chest and a struggle ensued, moving from bedroom to sitting room while PW2 raised an alarm. PW2's daughter, Angelica Mbalizeki, came to his rescue. The second appellant stabbed her with a knife; she cried out naming "Bashir", and the first appellant then shot her dead. PW2 and his son PW4, who was awake telling stories, both knew the appellants for years and named them immediately to PW3, who answered the alarm. A jerrican was taken from the home. The appellants raised alibis. The High Court at Fort Portal convicted all three of murder and capital robbery and sentenced them to death.

Issues

  1. Whether the conditions at the scene favoured correct and unmistaken identification of the appellants.
  2. Whether the appellants' evidence was rehearsed and they were framed.
  3. Whether the theft of the jerrican was proved so as to establish capital robbery.
  4. Whether the trial judge erred in rejecting the appellants' defences of alibi.
  5. Whether malice aforethought was proved beyond reasonable doubt.
  6. Whether the defence of accident was available in respect of the killing.

Orders

  • The appeals are dismissed.

Rules and key headnotes

Evidence — Identification — Conditions favouring correct identification of accused known to witnesses
Where witnesses have long known the accused, the scene is adequately lit, the incident is prolonged and the witnesses' observation is unobstructed, evidence of identification may safely be accepted as free from the possibility of error.
Criminal Law & Procedure — Defence of alibi — Rejection where identification places accused at the scene
A defence of alibi is properly rejected where reliable identification evidence squarely places the accused at the scene of the crime, and subsequent disappearance of the accused from the area is itself evidence of guilt.
Criminal Law & Procedure — Murder — Malice aforethought — Inference from use of a lethal weapon
Malice aforethought is readily inferred from violent acts perpetrated with a lethal weapon such as a gun where there is no excuse for its use; intention is rarely proved by direct evidence and may be established by circumstantial evidence including the weapon used, the manner of its use and the part of the body injured.
Criminal Law & Procedure — Defence of accident — Section 9 Penal Code Act
Accident is the unforeseen consequence of a conscious act, being inadvertence without culpable negligence; the defence is excluded once the court is satisfied that malice aforethought has been established.
Criminal Law & Procedure — Capital robbery — Section 273(2) Penal Code Act — Taking of item of value
The taking of an item of some value to the owner, without consent and immediately after causing death in the course of the enterprise, falls within capital robbery under section 273(2) of the Penal Code Act, regardless of the attackers' other motives.

Legislation cited (5)

Cases cited (5)

  • Kadir Matovu v Uganda (Criminal Appeal No. 11 of 1986)
  • P.v. Tubere s/o Ochen (1945) 12 EACA 63
  • Y. Damulira v. R (1956) 23 EACA 501
  • Francis Ocoke v Uganda (Criminal Appeal No. 11 of 1982)
  • Woolmington v. D.P.P. (1935) A.C. 462

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Amis Katalikawe & 2 ors v Uganda [1995] UGSC 10 (29 June 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.