Wakilii

Rex v Ndolo (Criminal Appeal 14-1935.)

East African Court of Appeal · [1935] EACA 80 · 1935 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Criminal appeal from conviction for murder
Decision
Appellant's conviction for murder upheld

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

Where an accused is proved to have killed the deceased, the presumption of murder under Penal Code section 190 remains unless rebutted by the facts of the case. Evidence of drunkenness that merely shows the accused more readily gave way to violent passion does not rebut the presumption that a person intends the natural consequences of their acts. The appellant's conviction for murder was upheld.

Outcome

Appellant's conviction for murder upheld

Facts

The appellant and the deceased were drinking together with others. Both were very drunk. The appellant asked for more drink but was refused and spilt the drink. The appellant and deceased then stood up. The appellant pulled a heavy stick from the thatch of the hut and hit the deceased on the head, causing injuries from which the deceased died. The appellant then ran away. The trial judge found that apart from evidence of drunkenness, there was nothing to show the appellant was incapable of forming a specific intention, and that evidence his mind was affected by drink such that he more readily gave way to violent passion did not rebut the presumption that a person intends the natural consequences of their acts. The appellant was convicted of murder.

Issues

  1. Whether the appellant's drunkenness at the time of killing rebutted the presumption of murder under Penal Code section 190.
  2. Whether the appellant was capable of forming the specific intention to cause grievous harm or kill the deceased.

Orders

  • Appeal dismissed.

Rules and key headnotes

Homicide — Murder — Presumption under Penal Code s.190
Where the accused is proved to have killed the deceased, the presumption of murder arising under Penal Code section 190 remains unless it is rebutted by the facts of the case.
Homicide — Defence of Drunkenness — Capacity to Form Intention
Evidence that the accused's mind was so affected by drink that he more readily gave way to violent passion does not rebut the presumption that a person intends the natural consequences of their acts.
Presumptions — Intention — Natural Consequences of Acts
A person is presumed to intend the natural consequences of their acts unless the facts of the case rebut that presumption.

Legislation cited (2)

  • Penal Code s.14
  • Penal Code s.190

Cases cited (1)

  • R v Meade [1909] 1 KB 896

Full judgment

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

Rex v Ndolo (Criminal Appeal 14-1935.) [1935] EACA 80 (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.