Wakilii

Uganda v Alidriga Majid (Criminal Sessions Case No. 194 of 2014)

High Court · [2016] UGHC 31 · 2016 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder in the High Court
Decision
Accused convicted of murder and sentenced to 35 years imprisonment

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted Alidriga Majid of the murder of his brother Angufi Siraj under sections 188 and 189 of the Penal Code Act. The court held that the accused formed the intention to kill when he armed himself with a bow and arrows and shot the deceased in the stomach without provocation. The defence of provocation was rejected. The court sentenced the accused to 35 years imprisonment, taking into account his two years on remand but emphasising the gravity of fratricide over a land dispute.

Outcome

Accused convicted of murder and sentenced to 35 years imprisonment

Facts

On 7 July 2014 at around 7:00pm in Elekile village, Yumbe district, the accused Alidriga Majid shot his brother Angufi Siraj with an arrow in the stomach. The deceased died the same day from excessive bleeding. The accused and deceased had a history of conflict stemming from a dispute on 26 June 2014 over a sack for packing tobacco, which escalated when the deceased allegedly assaulted the accused with a stick. On 7 July 2014, a further altercation occurred in a garden over land cultivation. The accused claimed his brother threatened him with a panga. The accused then went to his house, collected a bow and three arrows, encountered his brother, and immediately shot him in the stomach and right shoulder. He thereafter ran to Lodonga police station carrying the bow, arrows, and a knife, and reported the shooting. The deceased was taken to Yumbe hospital where he died. In his charge and caution statement, the accused admitted killing his brother. At trial, he retracted his confession, claiming it was obtained under duress.

Issues

  1. Whether the death of Angufi Siraj occurred.
  2. Whether the death of Angufi Siraj was unlawful.
  3. Whether the death was caused with malice aforethought.
  4. Whether the accused Alidriga Majid was responsible for or participated in the death.

Orders

  • Accused found guilty of murder contrary to sections 188 and 189 of the Penal Code Act Cap.120.
  • Accused convicted accordingly.
  • Accused sentenced to 35 years imprisonment.
  • Period spent on remand taken into account.
  • Right of appeal against conviction and sentence confirmed.

Rules and key headnotes

Murder — Malice Aforethought — Formation of Intention to Kill
The intention to kill may be formed at the moment of assault; the accused need not have had the intention to kill prior to the assault.
Murder — Presumption of Unlawfulness — Homicide
There is a presumption in law that all homicides are unlawful unless sanctioned by law, caused by accident, or by an act of God.
Murder — Use of Deadly Weapon — Inference of Intent
Where an accused shoots another person in the stomach with an arrow, a deadly weapon capable of killing, the intention to kill may be inferred; one cannot claim lack of intent when using such a weapon on a human being.
Murder — Defence of Provocation — Rejection Where No Immediate Provocation
A defence of provocation will not succeed where the accused was not provoked at the time of the killing and had alternative lawful options available, including reporting the matter to police or relocating from the scene of conflict.
Confessions — Charge and Caution Statement — Rejection of Voluntariness Challenge as Afterthought
Where an accused admits guilt in a charge and caution statement tendered at trial but later claims it was obtained by force, such challenge may be rejected as an afterthought where the accused had the right to object at the time of tendering so that a trial within a trial could be conducted.

Legislation cited (2)

  • Penal Code Act Cap.120 s.188
  • Penal Code Act Cap.120 s.189

Cases cited (2)

  • Uganda v Bosco Okello alias Anyanya [1992-1993] HCB 58
  • Uganda v Warswo [1977] HCB 30

Full judgment

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

Uganda v Alidriga Majid (Criminal Sessions Case No. 194 of 2014) [2016] UGHC 31 (31 October 2016)
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.