Wakilii

Uganda v Atwijukire (Criminal Session Case 638 of 2019)

High Court · [2023] UGHCCRD 130 · 2023 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial before High Court on murder charge
Decision
Accused convicted of murder and sentenced to effective imprisonment of 22 years, 11 months and 23 days after deduction of remand period

Observed later treatment

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Holding

The High Court convicted Atwijukire Marvin of murder. The prosecution proved all four ingredients of the offence beyond reasonable doubt: the death of Kakuru Apollo, that the death was unlawful, that it was caused with malice aforethought (evidenced by the use of weapons including a panga and iron bar to inflict fatal head injuries), and that the accused participated in the killing despite raising an alibi that was discredited by eyewitness testimony placing him at the scene as an active participant.

Outcome

Accused convicted of murder and sentenced to effective imprisonment of 22 years, 11 months and 23 days after deduction of remand period

Facts

On 25 August 2017 at Rugonji cell in Sheema District, the accused Atwijukire Marvin attacked Kakuru Apollo, a young man whom the accused claimed had given him a counterfeit UGX 20,000 note at his shop. The accused chased the deceased into a banana plantation. When the deceased fell, the accused caught and beat him. The accused's sister Maureen brought a panga at his request, which the accused used to beat the deceased. Maureen then brought an iron bar, and the accused gave the panga to his mother Robina. The accused and others beat the deceased with the panga and iron bar. The deceased sustained severe injuries including a cracked head and cut neck. He was found unconscious in a ditch and later died. The father of the deceased identified the body at Kabwohe Hospital on 29 August 2017.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that Kakuru Apollo died.
  2. Whether the death of Kakuru Apollo was caused unlawfully.
  3. Whether the death of Kakuru Apollo was caused with malice aforethought.
  4. Whether the accused Atwijukire Marvin participated in causing the death of Kakuru Apollo.

Orders

  • Accused convicted of murder of Kakuru Apollo contrary to sections 188 and 189 of the Penal Code Act.
  • Accused sentenced to 27 years imprisonment from the date of conviction.
  • Period of 4 years and 7 days spent on remand deducted from the sentence.
  • Accused to serve 22 years, 11 months and 23 days starting from 6 September 2023.
  • Accused informed of right of appeal against conviction and sentence within 14 days.

Rules and key headnotes

Murder — Proof of Death — Methods of Proving Death of Human Being
Death of a human being may be proved by production of a postmortem report or by evidence of witnesses who state that they knew the deceased and attended the burial or saw the dead body.
Murder — Unlawful Homicide — Presumption of Unlawfulness
Any homicide (the killing of a human being by another) is presumed to have been caused unlawfully unless it was accidental or authorized by law.
Murder — Malice Aforethought — Proof from Weapons Used and Injuries Inflicted
Malice aforethought, being a mental element, can be established from the surrounding circumstances, the parts of the body injured, and the nature of the injuries, including the use of weapons such as a panga and iron bar to inflict fatal head injuries.
Defence of Alibi — Burden on Prosecution to Discredit
Where an accused raises an alibi, he bears no obligation to justify it. The burden lies on the prosecution to discredit the alibi through cogent evidence placing the accused at the scene of the crime as the perpetrator of the offence charged.
Defence of Alibi — When Not Sustainable
Overwhelming evidence of identifying witnesses placing the accused at the crime scene makes a defence of alibi unsustainable.

Legislation cited (5)

Cases cited (13)

  • Nandudu Grace and Another v Uganda (Supreme Court Criminal Appeal No. 4 of 2009)
  • Miller v Minister of Pensions [1947] 1 All ER 372
  • Uganda v Monday Wilson (High Court Criminal Case No. 22 of 2017)
  • Matovu Frank and Another v Uganda (Court of Appeal Criminal Appeal No. 111 of 2018)
  • Uganda v Endrio and 3 Others (High Court Criminal Session No. 172 of 2016)
  • R v Gusambizi s/o Wesonga (1948) 15 EACA 65
  • Uganda v Bosco Okello [1992-93] HCB 68
  • Uganda v Kayinamura (High Court Criminal Session No. 238 of 2019)
  • Buhingiro v Uganda (supreme court Criminal Appeal No. of 2014)
  • Wasaja Fred v Uganda (Court of Appeal Criminal Appeal No. 49 of 2011)
  • Befeho Iddi v Uganda (Supreme Court Criminal Appeal No. 15 of 2017)
  • Ndyomugenyi v Uganda (Supreme Court Criminal Appeal No. 57 of 2016)
  • Mpagi Godfrey v Uganda (Supreme Court Criminal Appeal No. 63 of 2015)

Full judgment

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

Uganda v Atwijukire (Criminal Session Case 638 of 2019) [2023] UGHCCRD 130 (12 October 2023)
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.