Too Okema Moses v Uganda (Criminal Appeal No. 7 of 1999)
Observed later treatment
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Holding
The Court of Appeal held that the trial judge misdirected himself by relying on section 13(2) instead of section 13(4) of the Penal Code Act when considering the defence of intoxication. Given the evidence that the appellant was intoxicated when he stabbed the deceased, malice aforethought had not been proved. The court allowed the appeal, quashed the murder conviction and death sentence, substituted a conviction for manslaughter under section 182, and sentenced the appellant to 10 years' imprisonment from the date of conviction, taking into account time spent on remand.
Outcome
Murder conviction and death sentence set aside; manslaughter conviction substituted with 10 years' imprisonment
Facts
On 7 June 1996 the appellant went to the home of the deceased, Yose Lunyera, where people who had helped dig the deceased's garden had gathered to drink local brew ("kwete"). The appellant, who had not dug but was permitted to drink, consumed one calabash and poured out two others. When the deceased questioned him and asked him to leave because he was drunk, the appellant pulled out a pocketknife and pierced the central house pole. The deceased grabbed him to lead him out, and during the ensuing struggle the appellant stabbed the deceased twice, in the stomach and right thigh. The deceased was taken to Kitgum hospital and died five days later. The appellant was arrested on 11 June 1996 and charged. At trial he raised an alibi which was rejected. On appeal he abandoned the alibi and admitted killing the deceased while intoxicated. Evidence on record showed he was already drunk before arriving.
Issues
- Whether the defence of intoxication negated malice aforethought necessary for murder.
- Whether the trial judge correctly applied the law on intoxication under the Penal Code Act.
Orders
- Appeal allowed.
- Conviction for murder quashed and sentence of death set aside.
- Conviction for manslaughter substituted under section 182 of the Penal Code Act.
- Appellant sentenced to 10 years' imprisonment effective from the date of conviction.
Rules and key headnotes
Legislation cited (3)
Cases citing this judgment (1)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.