Wakilii

Uganda v Bakeihahwenki (HCT-05-CR-148-2002)

High Court · [2005] UGHCCRD 11 · 2005 Acquitted of Murder, Convicted of Manslaughter AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal prosecution for murder following fatal shooting by local defence unit officer
Decision
Accused acquitted of murder, convicted of manslaughter, and released immediately having served 3 years and 10 months on remand

Observed later treatment

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Holding

The High Court acquitted the accused of murder but convicted him of manslaughter under sections 187 and 190 of the Penal Code Act. While the prosecution proved that the deceased died from a bullet discharged from the accused's gun and that the killing was unlawful, it failed to prove malice aforethought beyond reasonable doubt. The accused, a local defence unit officer, claimed the gun discharged accidentally when he feared being overpowered by a crowd. The court sentenced the accused to time served (3 years 10 months on remand).

Outcome

Accused acquitted of murder, convicted of manslaughter, and released immediately having served 3 years and 10 months on remand

Facts

On 10 June 2001 at approximately 9 p.m., the accused, a security officer attached to the local defence unit at Wachango trading centre in Ntungamo District, went to a scene next to a bar where people were fighting. While at the scene, his gun discharged, fatally shooting the deceased Gabriel Baterine. The accused was detained and charged with murder. The accused testified that when he realized he was about to be overpowered and disarmed by the crowd, he acted as if he was shooting and a bullet in the chamber of his gun went off. No evidence was presented that the accused aimed the gun at anyone or that he had any prior relationship with or malice toward the deceased.

Issues

  1. Whether the deceased died.
  2. Whether the killing of the deceased was unlawful.
  3. Whether the killing was accompanied by malice aforethought.
  4. Whether the accused participated in the killing.

Orders

  • Accused acquitted of the charge of murder.
  • Accused convicted of manslaughter contrary to sections 187 and 190 of the Penal Code Act.
  • Accused sentenced to a period equal to the time spent on remand (3 years and 10 months).
  • Accused to be released at the rise of court.

Rules and key headnotes

Criminal Law & Procedure — Murder — Ingredients — Burden of Proof
In a murder prosecution, the prosecution must prove beyond reasonable doubt that the deceased died, that the killing was unlawful, that there was malice aforethought, and that the accused participated.
Criminal Law & Procedure — Homicide — Presumption of Unlawfulness
The law presumes every homicide to be unlawful except where it is accidental or where such is excusable by law, and the duty is on the defence to rebut the presumption.
Criminal Law & Procedure — Murder — Malice Aforethought — Failure to Prove
Where an accused's gun discharges fatally during a confrontation but no evidence shows the accused aimed at anyone, and the prosecution presents no evidence of malice aforethought, the ingredient of malice aforethought is not proved beyond reasonable doubt and the accused must be acquitted of murder.
Criminal Law & Procedure — Manslaughter — Conviction for Lesser Offence
Where the prosecution proves unlawful killing and participation but fails to establish malice aforethought, the court may convict the accused of the lesser offence of manslaughter.

Legislation cited (4)

Cases cited (2)

  • Sekitoleko v Uganda [1967] EA 531
  • Gusambizi s/o Wesonga v R (1948) 15 EACA 63

Full judgment

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

Uganda v Bakeihahwenki (HCT-05-CR-148-2002) [2005] UGHCCRD 11 (22 April 2005)
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.