Wakilii

Rex v Lameloji (Criminal Appeal 179-1934.)

East African Court of Appeal · [1935] EACA 75 · 1935 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from Supreme Court conviction for murder
Decision
Conviction for murder upheld; appeal dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that where an accused, in the course of committing theft, threw a heavy stone at the deceased which fractured his skull and caused death, the offence amounted to murder. The accused's intention must be presumed to have been to cause grievous harm under section 189(a)(b) of the Penal Code. Additionally, because the unlawful act resulting in death was done in the course or furtherance of robbery, a felony involving violence, the case constituted murder on that ground alone.

Outcome

Conviction for murder upheld; appeal dismissed

Facts

The appellant and a companion set out on a stock-thieving expedition. During the course of this expedition, the appellant threw two stones at people in a boma. One of the stones struck an occupant of the boma, fracturing his skull and causing his death. The appellant's companion was acquitted. The appellant made a statement before the Magistrate admitting that he threw stones at the people in the boma. The Supreme Court convicted the appellant of murder.

Issues

  1. Whether the accused's act of throwing a heavy stone at the deceased during a stock-thieving expedition, which fractured the skull and caused death, constituted murder or manslaughter.
  2. Whether the accused's intention could be presumed to have been to cause grievous harm.
  3. Whether the death occurring in the course or furtherance of a felony involving violence constituted murder.

Orders

  • Appeal dismissed.

Rules and key headnotes

Murder — Malice Aforethought — Intent to Cause Grievous Harm
Where an accused throws a heavy stone at a person which fractures the skull and causes death, the accused's intention must be presumed to have been to cause grievous harm, thereby establishing malice aforethought for murder under section 189(a)(b) of the Penal Code.
Murder — Felony Murder — Death in Course of Felony Involving Violence
Where an unlawful act resulting in death is done in the course or furtherance of a felony involving violence, such as robbery or theft, the offence constitutes murder regardless of whether there was specific intent to kill or cause grievous harm.

Legislation cited (5)

  • Penal Code (Kenya) s.185
  • Penal Code (Kenya) s.186
  • Penal Code (Kenya) s.189(a)
  • Penal Code (Kenya) s.189(b)
  • Penal Code (Kenya) s.189(c)

Cases cited (2)

  • Kimno Arap Kipturii v Rex (1934) 1 EALR 188
  • Rex v Betts and Ridley (22 Cr App Rep 148)

Full judgment

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

Rex v Lameloji (Criminal Appeal 179-1934.) [1935] EACA 75 (1 January 1935)
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.