Wakilii

Rex v Kibogo and Another (Criminal Case No. 222. of 1944)

East African Court of Appeal · [1945] EACA 64 · 1945 Conviction Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Reference from trial judge under Criminal Procedure Code s.323 for determination by two judges whether conviction for manslaughter should stand
Decision
Conviction of Rosen for manslaughter upheld; matter remitted to trial judge for sentencing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Two brothers were jointly charged with murder and pleaded guilty to manslaughter. The fatal blow was struck by one brother (Madenge). The trial judge reserved the question whether the other brother (Rosen) could be convicted of manslaughter on the depositions. Held: A common purpose may be proved by the acts of persons at or about the time the offence takes place. There was material in the depositions to show Rosen was associated with his brother at the time of the homicide in such a manner as to make him equally responsible in law. The conviction should stand and sentence be passed accordingly.

Outcome

Conviction of Rosen for manslaughter upheld; matter remitted to trial judge for sentencing

Facts

Two brothers, Rosen and Madenge, were charged with the murder of Kangui. Madenge had previously been caught in adultery with Kangui's wife. On the day of the killing, the two brothers, armed with knives and sticks, visited a place where Kangui and his relatives were attending a mourning feast. A fight ensued between the Kangui party and the two accused. During the fight, Madenge fatally stabbed Kangui. Both accused pleaded guilty to manslaughter. Madenge, who struck the fatal blow, was sentenced to ten years' imprisonment with hard labour. The trial judge was uncertain whether Rosen could be convicted of manslaughter on the depositions and reserved the question for determination by two judges under Criminal Procedure Code s.323.

Issues

  1. Whether the conviction of Rosen for manslaughter ought to stand notwithstanding that the fatal injury was inflicted by his co-accused Madenge.
  2. Whether Rosen ought to have sentence passed upon him and if so the extent and nature of that sentence.

Orders

  • Conviction of Rosen on charge of manslaughter to stand.
  • Sentence to be passed on Rosen by the trial judge.
  • The extent and nature of the sentence is a matter exclusively for the trial judge.

Rules and key headnotes

Criminal Law — Manslaughter — Common Design — Joint Enterprise
A common purpose to commit an offence may be proved by the acts of persons at or about the time the offence takes place, and where two persons are associated at the time of a homicide in such a manner as to show a common purpose, both are equally responsible in law for the killing even if only one inflicted the fatal blow.
Criminal Procedure — Reference to Two Judges — Sentencing Discretion
Where a trial judge reserves a question for determination by two judges under Criminal Procedure Code s.323 as to whether a conviction should stand, the extent and nature of any sentence remains a matter exclusively for the trial judge.

Legislation cited (2)

  • Penal Code s.23
  • Criminal Procedure Code s.323

Full judgment

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

Rex v Kibogo and Another (Criminal Case No. 222. of 1944) [1945] EACA 64 (1 January 1945)
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.