Wakilii

Rex v Bampabura (Cr.A. 153-1936.)

East African Court of Appeal · [1936] EACA 117 · 1936 Conviction Quashed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from High Court conviction for causing grievous harm on a murder information
Decision
Appellant discharged; proceedings declared a nullity

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that where a person is convicted of an act intended to cause grievous bodily harm on an information for murder, without the information containing particulars of alternative offences, the proceedings are a nullity. The conviction must be quashed and the accused discharged, leaving the Crown free to take fresh steps. Section 178 of the Criminal Procedure Code does not apply where the information is silent as to alternative offences and particulars. The killing is the substance of a murder charge.

Outcome

Appellant discharged; proceedings declared a nullity

Facts

The appellant was tried by the High Court of Uganda on an information charging him with the murder of Lugira s/o Kagolo. The assessors found that the appellant did not kill Lugira. The trial judge found that the appellant assaulted Lugira and caused him grievous harm, but was unable to find that Lugira died as a result. The trial judge convicted the appellant under section 194 of the Uganda Penal Code for causing grievous harm and sentenced him to seven years hard labour. The information charging murder was silent as to any alternative offences and contained no particulars of such offences.

Issues

  1. Whether a court may convict an accused of causing grievous harm under section 194 of the Uganda Penal Code on an information charging murder alone, without particulars of alternative offences.

Orders

  • Appeal allowed.
  • Conviction and sentence quashed.
  • Appellant ordered to be discharged.
  • Crown left free to take such fresh steps as may be considered advisable.

Rules and key headnotes

Criminal Procedure — Alternative Verdicts — Conviction for Lesser Offence on Murder Information
Where an information charges murder alone and is silent as to alternative offences and particulars, it is not competent for the trial court to convict the accused of causing grievous harm under section 194 of the Penal Code; such proceedings are a nullity.
Criminal Procedure Code — Section 178 — Scope of Application
Section 178 of the Criminal Procedure Code, which permits conviction for alternative offences, does not apply where the information is silent as to alternative offences and contains no particulars giving reasonable information as to the nature of the charge.
Murder — Substance of the Charge — Killing as Essential Element
The killing is the substance of a murder charge; while an accused may be convicted of manslaughter on an indictment for murder, there is no authority for conviction of causing grievous harm on such an indictment.

Legislation cited (2)

  • Criminal Procedure Code s.178
  • Uganda Penal Code s.194

Cases cited (2)

  • Rex v Joseph Mupere (Criminal Appeal No. 154 of 1932)
  • Rex v. Mackalley (9 Co. Rep. 67b)

Full judgment

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

Rex v Bampabura (Cr.A. 153-1936.) [1936] EACA 117 (1 January 1936)
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.