Wakilii

Uganda v Bakubye Muzamir & Anor (HCT-00-CR-SC-0399 of 2010)

High Court · [2012] UGHC 70 · 2012 Convicted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on indictment for murder and aggravated robbery
Decision
Both accused convicted and sentenced to 70 years imprisonment each (40 years for murder and 30 years for aggravated robbery, consecutively). Compensation ordered and vehicle released.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted both accused persons of murder and aggravated robbery. The court held that the prosecution proved beyond reasonable doubt that the deceased died unlawfully and with malice aforethought, relying on retracted and repudiated confessions materially corroborated by independent evidence. The court found both accused participated in the murder under the doctrine of common intention. The court also found theft proved through recent possession of the deceased's vehicles without innocent explanation. The accused were sentenced to 40 years for murder and 30 years for aggravated robbery, to run consecutively.

Outcome

Both accused convicted and sentenced to 70 years imprisonment each (40 years for murder and 30 years for aggravated robbery, consecutively). Compensation ordered and vehicle released.

Facts

Between 11 and 14 April 2008, the deceased Semakula Moses travelled by road from South Africa to Uganda with two other men, Bakubye Muzamir (A1) and Jjumba Tamale Musa (A2). The deceased was driving a Toyota Premio and also transporting a Mitsubishi Canter. According to confessions made by both accused, they hatched a plan to kill the deceased and steal his property while in Tanzania. The deceased was repeatedly beaten on the head with a metallic bar until he died. His body was abandoned in Tanzania. A1 drove the Toyota Premio into Uganda at Mutukula border on 14 April 2008, clearing it through customs. The deceased's family lost contact with him after he crossed into Tanzania. A1 was later arrested and led police to a garage in Jinja where the Toyota Premio was recovered. The Mitsubishi Canter had been sold from a bonded warehouse. The deceased's body was later exhumed and identified by his torso and toenail, as his head had been smashed beyond recognition.

Issues

  1. Whether the prosecution proved the death of Semakula Moses beyond reasonable doubt.
  2. Whether the deceased's death was unlawful.
  3. Whether the death was caused with malice aforethought.
  4. Whether the accused persons' retracted and repudiated confessions could be relied upon for conviction.
  5. Whether both accused persons participated in the murder.
  6. Whether the prosecution proved the offence of aggravated robbery beyond reasonable doubt.
  7. Whether both accused persons participated in the aggravated robbery.

Orders

  • Bakubye Muzamir convicted of murder contrary to Penal Code Act ss.188 and 189.
  • Bakubye Muzamir convicted of aggravated robbery contrary to Penal Code Act ss.285 and 286(2).
  • Tamale Musa convicted of murder contrary to Penal Code Act ss.188 and 189.
  • Tamale Musa convicted of aggravated robbery contrary to Penal Code Act ss.285 and 286(2).
  • Bakubye Muzamir sentenced to 40 years imprisonment for murder and 30 years imprisonment for aggravated robbery, sentences to run consecutively for 70 years from 19 April 2012.
  • Tamale Musa sentenced to 40 years imprisonment for murder and 30 years imprisonment for aggravated robbery, sentences to run consecutively for 70 years from 19 April 2012.
  • Immediate release of Bakubye Muzamir's BMW motor vehicle to his family ordered.
  • Bakubye Muzamir ordered to compensate the deceased's estate in the sum of UGX 10,000,000 for deprivation of the Toyota Premio and Mitsubishi Canter.
  • Accused have right of appeal within 14 days.

Rules and key headnotes

Evidence — Confessions — Retracted and Repudiated Confessions — Standard of Proof
A trial court should accept any confession which has been retracted or repudiated with caution and must, before founding a conviction on such a confession, be fully satisfied in all circumstances of the case that the confession is true. Usually a court will only act on the confession if corroborated in some material particular by independent evidence accepted by the court, but corroboration is not necessary in law and the court may act on a confession alone if satisfied that the confession cannot but be true.
Evidence — Confessions — Assessment of Truth — Detailed Knowledge of Events
Where an accused makes a detailed statement disclosing facts and events which only a person who was an active participant and eyewitness to much of what occurred could have been familiar with, this underscores the authenticity of the confession. Consistency between multiple confessions made independently by different accused persons on material facts further supports the truth of the confessions.
Criminal Law — Homicide — Unlawful Death — Presumption
In homicide cases death is always presumed unlawfully caused unless it was accidentally caused in circumstances which make it excusable or justifiable. Excusable homicide is the killing of a human being that results in no criminal liability because it took place by misadventure or an accident not involving gross negligence. Justifiable homicide occurs when somebody uses reasonable force in preventing a crime or arresting an offender, in self-defence or defence of others, or in defence of property, and causes death as a result.
Criminal Law — Murder — Malice Aforethought — Inference from Circumstances
In arriving at a conclusion as to whether malice aforethought has been established, the court must consider the weapon used, the manner in which it is used, and the part of the body injured. For a court to infer that an accused killed with malice aforethought, it must consider if death was a natural consequence of the act that caused the death, and if the accused foresaw death as a natural consequence of the act. The head is a vulnerable part of the body which, if targeted by an accused, imputes malicious intent.
Criminal Law — Joint Offenders — Common Intention — Doctrine of Common Intention
In order to make the doctrine of common intention applicable it must be shown that the accused shared with the actual perpetrator of the crime a common intention to pursue a specific unlawful purpose which led to the commission of the offence. An unlawful common intention does not imply a pre-arranged plan. Common intention may be inferred from the presence of the accused persons, their actions, and the omission of any of them to disassociate himself from the assault. Under section 20 of the Penal Code Act, each offender in prosecution of a common unlawful purpose is deemed to have committed the offence arising from such unlawful purpose.
Evidence — Theft — Recent Possession — Presumption of Guilt
Where evidence of recent possession of stolen property is proved beyond reasonable doubt, it raises a very strong presumption of participation in the stealing. If there is no innocent explanation of possession, the evidence is even stronger and more dependable than eyewitness evidence of identification in a nocturnal event, because the former is invariably independently verifiable while the latter solely depends on the credibility of the eyewitness.
Evidence — Defence Evidence — Unsworn Evidence — Weight and Assessment
In assessing the evidence in order to arrive at a verdict, a judge can take into account the fact that an accused person did not give evidence on oath, but this right must be exercised with caution and must not be used to bolster up a weak prosecution case or be taken as an admission of guilt on the part of the accused.

Legislation cited (8)

Cases cited (17)

  • Woolmington v DPP [1935] AC 462
  • Okale v Republic (1965) EA 55
  • Alfred Tajar v Uganda (EACA Criminal Appeal No. 167 of 1969)
  • Sarapio Tinkamalirwe v Uganda (Supreme Court Criminal Appeal No. 27 of 1989)
  • R v Gusambiza s/o Wesonga (1948) 15 EACA 65
  • Akol Patrick and Others v Uganda (2006) HCB (Vol. 1) 6
  • Uganda v Aggrey Kiyingi and Others (Criminal Session Case No. 30 of 2006)
  • Tuwamoi v Uganda (1967) EA 84
  • Matovu Musa Kassim v Uganda (Supreme Court Criminal Appeal No. 27 of 2002)
  • Wasaja v Uganda (1975) EA 181
  • Nanyonjo Harriet and Another v Uganda (Supreme Court Criminal Appeal No. 24 of 2002)
  • Ismael Kisegerwa and Another v Uganda (Court of Appeal Criminal Appeal No. 6 of 1978)
  • Okello Okidi v Uganda (Supreme Court Criminal Appeal No. 3 of 1995)
  • Sula Kasiira v Uganda (Supreme Court Criminal Appeal No. 20 of 1993)
  • Bogere Moses and Another v Uganda (Supreme Court Criminal Appeal No. 1 of 1997)
  • Lubogo v Uganda (1967) EA 440
  • R v Tubere (1945) 12 EACA 63

Full judgment

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

Uganda v Bakubye Muzamir & Anor (HCT-00-CR-SC-0399 of 2010) [2012] UGHC 70 (19 April 2012)
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.