Wakilii

Rex v Tabulayenka and Others (Consolidated Criminal Appeals Nos. 162, 163, 164 and 165 of 1942)

East African Court of Appeal · [1943] EACA 14 · 1943 Appeal Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Consolidated criminal appeals from conviction for murder by the High Court of Uganda
Decision
Appellants' convictions for murder and sentences of death upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court held that Section 22 of the Penal Code applied. A common intention to prosecute an unlawful purpose can be inferred from the accused persons' presence, actions, and failure to dissociate themselves from the assault, without requiring prior concerted agreement. Where multiple persons associate themselves with a beating, each is responsible for all acts done in furtherance of their common purpose if the cumulative effect would probably cause death or grievous harm.

Outcome

Appellants' convictions for murder and sentences of death upheld

Facts

Four accused were convicted of murdering Mikairi, a suspected thief discovered sitting near a hut door at night. An alarm was sounded and several persons rushed to the scene. Each of the four accused arrived independently and participated in beating the deceased with fists, feet, and weapons including a hammer and rungu. The beating continued until Mikairi died from multiple injuries including fractured ribs, a fractured breastbone, and tears to the liver and lung. The trial judge found that all four accused took part in the beating in the presence of each other.

Issues

  1. Whether Section 22 of the Penal Code (common intention to prosecute an unlawful purpose) applied to the facts where multiple accused independently arrived at the scene and participated in beating the deceased.
  2. Whether a common intention can be inferred from the presence, actions, and omissions of accused persons without prior concerted agreement.
  3. Whether under Section 200(e) of the Penal Code, each accused must have known that his individual acts would probably cause grievous harm, or whether it is sufficient that the cumulative effect of all acts would probably cause death or grievous harm.

Orders

  • Appeals dismissed.
  • Convictions for murder upheld.
  • Death sentences confirmed.

Rules and key headnotes

Common Intention — Section 22 Penal Code — Inference Without Prior Agreement
To constitute a common intention to prosecute an unlawful purpose within the meaning of Section 22 of the Penal Code, it is not necessary that there should have been any concerted agreement between the accused prior to the attack. Their common intention may be inferred from their presence, their actions, and the omission of any of them to dissociate himself from the assault.
Murder — Section 200(e) Penal Code — Cumulative Effect of Multiple Acts
For the purpose of Section 200(e) of the Penal Code, it is not necessary that each of the accused knew that his individual act or acts would probably cause grievous harm. It is sufficient if the cumulative effect of the beating carried out by the different accused was such as would probably result in death or grievous harm and if all the accused had associated themselves with the assault, each accused is responsible for all the acts of the others done in furtherance of their common purpose.
Common Intention — Formation Through Conduct
Where multiple persons independently arrive at a scene and each takes up an assault on a victim, showing by their actions an intention to beat the victim, and the beating continues until death results, they may be said to have formed a common intention to prosecute an unlawful purpose in conjunction with one another.
Murder — Collective Responsibility for Fatal Assault
Where several persons together beat another and all have associated themselves with the assault, each is responsible for all acts of the others done in furtherance of their common purpose, even though each may have a different reason and some may join the beating later than others.

Legislation cited (3)

  • Penal Code s.22
  • Penal Code s.200(e)
  • Penal Code s.194

Cases cited (2)

  • Rex v Mikaeri and Others (8 E.A.C.A. 84)
  • Rex v Okute and Another (8 E.A.C.A. 78)

Full judgment

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

Rex v Tabulayenka and Others (Consolidated Criminal Appeals Nos. 162, 163, 164 and 165 of 1942) [1943] EACA 14 (1 January 1943)
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.