Wakilii

Rex v Mwita (Criminal Appeal 47-1935.)

East African Court of Appeal · [1935] EACA 94 · 1935 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for murder by the High Court of Tanganyika
Decision
Appellant's conviction for murder and sentence of death upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that theft is not an offence punishable with death or life imprisonment, and therefore a person is not entitled to cause the death of a thief in attempting to effect his arrest even if the arrest could not otherwise be effected. Section 20(3) of the Criminal Procedure Code prohibits causing death in such circumstances. The local law differs from English law on justifiable homicide. The decision in Rex v Chata bin Kadishi was expressly disapproved and not followed.

Outcome

Appellant's conviction for murder and sentence of death upheld

Facts

The appellant killed a man who had stolen his sheep. The appellant found the thief in the bush skinning the stolen sheep. The appellant stabbed the thief twice with a spear. The first blow struck the thief in the back and went through his body, exiting through the stomach. While the thief was still alive and lying on his back, the appellant speared him a second time through the chest. The appellant stated in his defence that he killed the man because he was fond of his sheep and felt bitterness in his heart. The trial judge convicted the appellant of murder and sentenced him to death.

Issues

  1. Whether a person is entitled to cause the death of a thief in attempting to effect his arrest when the arrest could not otherwise be effected.
  2. Whether the provisions of section 20(3) of the Criminal Procedure Code (Tanganyika) prohibit causing death in effecting arrest for offences not punishable with death or life imprisonment.

Orders

  • Appeal dismissed.
  • Conviction for murder upheld.
  • Death sentence upheld.

Rules and key headnotes

Criminal Law & Procedure — Homicide — Justifiable Homicide — Arrest of Offender — Use of Force
A person is not entitled to cause the death of a thief in attempting to effect his arrest even though the arrest could not otherwise be effected, where theft is not an offence punishable with death or with imprisonment for life.
Statutory Interpretation — Criminal Procedure Code — Section 20(3) — Limits on Use of Force in Arrest
Section 20(3) of the Criminal Procedure Code provides that nothing in the section shall give a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life, thereby limiting the use of force in effecting arrests.
Criminal Law & Procedure — Justifiable Homicide — Distinction Between English and Local Law
The provisions of the Criminal Procedure Code common to Tanganyika, Kenya and Uganda follow Indian law and differ from English law on justifiable homicide. Under English law, a private person who witnesses a felony may kill the felon to effect arrest if less drastic means would not suffice, but local law does not permit causing death except for offences punishable with death or life imprisonment.

Legislation cited (4)

  • Criminal Procedure Code (Tanganyika) s.20
  • Criminal Procedure Code (Tanganyika) s.20(1)
  • Criminal Procedure Code (Tanganyika) s.20(2)
  • Criminal Procedure Code (Tanganyika) s.20(3)

Cases cited (2)

  • Rex v Chata bin Kadishi (Criminal Appeal No. 131 of 1932)
  • Rex v Hutton (Criminal Case No. 111 of 1932)

Full judgment

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

Rex v Mwita (Criminal Appeal 47-1935.) [1935] EACA 94 (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.