Wakilii

Uganda v Adriko (Criminal Sessions Case No. 0064 of 2014)

High Court · [2017] UGHCCRD 418 · 2017 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder following a guilty plea at preliminary hearing
Decision
Accused convicted of murder and sentenced to 25 years and 9 months' imprisonment after deduction of remand period

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the prosecution proved beyond reasonable doubt all essential ingredients of murder: the death of Mulongo Moses was established by post-mortem and witness evidence; the death was unlawfully caused by deliberate stabbing rather than accidental injury; malice aforethought was inferred from use of a deadly weapon on a vulnerable part of the body causing severe injury; and visual identification evidence placed the accused at the scene as the perpetrator. The defence of intoxication failed as the accused's conduct demonstrated he retained capacity of moral judgment and awareness of his actions.

Outcome

Accused convicted of murder and sentenced to 25 years and 9 months' imprisonment after deduction of remand period

Facts

On 26 August 2013 at around 7:00 pm in Lorr-Ora village, Zombo District, the deceased Mulongo Moses (18 years old) went to retrieve his phone from a repairer. The accused, standing nearby, intervened sarcastically and a quarrel erupted. The accused said he would die with people that day. At about 7:45 pm after the deceased returned home, he was heard screaming that he had been shot with an arrow. His brother and cousin found him bleeding from a wound to the left side of his stomach with protruding intestines. The deceased stated the accused had shot him with an arrow for no reason. He was rushed to Zeu Health Centre and referred to Nyapea Hospital where he died the same day. The accused handed himself to police at around 8:00 pm claiming he had shot his brother. Post-mortem examination revealed the cause of death as haemorrhagic shock resulting from a cut vein, with a stab wound to the left neck severing the sternocleidomastoid muscle and jugular vein.

Issues

  1. Whether the death of Mulongo Moses occurred.
  2. Whether the death was caused by an unlawful act.
  3. Whether the unlawful act was actuated by malice aforethought.
  4. Whether it was the accused who caused the unlawful death.
  5. Whether intoxication negated malice aforethought and provided a defence.

Orders

  • Accused found guilty and convicted of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Accused sentenced to 25 years and 9 months' imprisonment.
  • Period of 4 years and 3 months spent on remand deducted from sentence.
  • Convict advised of right of appeal within 14 days.

Rules and key headnotes

Murder — Essential Ingredients — Burden of Proof
For a conviction of murder, the prosecution must prove beyond reasonable doubt: (1) death of a human being occurred; (2) the death was caused by an unlawful act; (3) the unlawful act was actuated by malice aforethought; and (4) it was the accused who caused the unlawful death. The burden remains on the prosecution throughout and does not shift to the accused.
Murder — Malice Aforethought — Inference from Circumstantial Evidence
Malice aforethought, being a mental element, may be inferred from circumstantial evidence including the nature of the weapon used, the manner it was applied, the part of the body targeted, and the ferocity of the attack as determined from the impact. Use of a deadly weapon on a vulnerable part of the body inflicting severe injury supports an inference of malice aforethought.
Exhibits — Chain of Custody — Break in Chain
Where there is a break in the chain of custody of an exhibit, there must be some reasonably sufficient explanation for the occurrence. In the absence of such explanation or where the break creates a probable likelihood that evidence may have been tampered with or fabricated, the exhibit should be excluded as unreliable.
Murder — Weapon — Burden on Prosecution
There is no burden on the prosecution to prove the nature of the weapon used in inflicting harm which caused death, nor is there an obligation to prove how the instrument was obtained or applied. It is sufficient if through witnesses the prosecution adduces evidence of a careful description enabling the court to decide whether the weapon was lethal or not.
Intoxication — Defence to Murder — Requirements
For intoxication to constitute a defence to murder, it must be shown that by reason of intoxication the accused did not know the act was wrong or did not know what he was doing, and either the intoxication was caused without his consent by malicious or negligent act of another, or the accused was by reason of intoxication insane temporarily or otherwise. Mere consumption of alcohol does not provide a defence unless it produces a condition where the accused loses the requisite intention for the offence.
Intoxication — Burden of Proof — Capacity to Form Intent
The accused bears the evidential burden of adducing evidence creating the possibility that he was labouring under such a degree of drunkenness that he was rendered incapable of forming the specific intent essential to constitute murder. Once such evidence is adduced, the persuasive burden shifts to the prosecution to disprove it by showing the evidence of intoxication falls short of proving such incapacity.
Visual Identification — Night Time Identification — Safeguards
In cases of visual identification at night, the court must warn itself of likely dangers of acting on such evidence and only do so after being satisfied correct identification was made which is free of error or mistake. The court considers whether witnesses were familiar with the accused, whether there was light to aid identification, the length of time taken to observe, and the proximity of witnesses to the accused.

Legislation cited (8)

Cases cited (17)

  • Ssekitoleko v Uganda [1967] EA 531
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • R v Gusambizi s/o Wesonga (1948) 15 EACA 65
  • R v Tubere s/o Ochen (1945) 12 EACA 63
  • S Mungai v Republic [1965] EA 782
  • Kooky Sharma and another v Uganda (Supreme Court Criminal Appeal No. 44 of 2000)
  • E Sentongo and P Sebugwawo v Uganda [1975] HCB 239
  • Okello Okidi v Uganda (Supreme Court Criminal Appeal No. 3 of 1995)
  • Director of Public Prosecutions v Beard [1920] AC 479
  • Feni Yasin v Uganda (Court of Appeal Criminal Appeal No. 51 of 2006)
  • Abdalla Bin Wendo v R (1953) 20 EACA 106
  • Roria v R [1967] EA 583
  • Abdalla Nabulere and two others v Uganda [1975] HCB 77
  • Bukenya v Uganda (Court of Appeal Criminal Appeal No. 51 of 2007)
  • Sunday v Uganda (Court of Appeal Criminal Appeal No. 103 of 2006)
  • Byaruhanga v Uganda (Court of Appeal Criminal Appeal No. 144 of 2007)
  • People v Lewis 57 Pac 470 (1899) (Cal SC)

Full judgment

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

Uganda v Adriko (Criminal Sessions Case No. 0064 of 2014) [2017] UGHCCRD 418 (24 July 2017)
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.