Wakilii

Uganda v Bukone & 1Ors (HCT-04-CR- SC -169 of 2016)

High Court · [2017] UGHCCRD 95 · 2017 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder
Decision
All eleven accused convicted of murder

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held: All eleven accused convicted of murder. The prosecution proved beyond reasonable doubt that the death of CPL Mangusho Ismael was unlawful and caused with malice aforethought. Multiple eyewitnesses identified the accused at the scene and placed them in a mob that confronted armed police officers over a land dispute. The court applied the doctrine of common intention under s.20 of the Penal Code Act: all accused were armed with lethal weapons, acted in concert to disarm and assault the deceased police officer, and shared the intention to kill. The defence of alibi raised by each accused was destroyed by the identification evidence and the admission of the identification parade results. Each accused was deemed to have committed the murder even though one individual fired the fatal shot.

Outcome

All eleven accused convicted of murder

Facts

On 8 December 2015 at Dodoi village, Kibuku district, a land dispute led to violence. PW2 and his brother were working on disputed land when a group of accused persons assaulted them. PW2 reported to Kadama police. PW1 (ASP Oyee) and the deceased CPL Mangusho Ismael, both armed police officers, went to the scene and arrested John Nangido. A mob of over 40 people, including the accused, emerged armed with pangas and clubs, demanding Nangido's release. They advanced on the officers despite warnings. The deceased attempted to run but fell. PW1's gun jammed when he tried to defend them. The mob disarmed the deceased. A1 shot the deceased through the eye with his own gun. The other accused assaulted the deceased with blunt objects and sharp weapons on his legs, causing his death. Multiple eyewitnesses identified the eleven accused as active participants in the mob attack.

Issues

  1. Whether death occurred and was unlawful.
  2. Whether the killing was done with malice aforethought.
  3. Whether each of the accused participated in causing the death of the deceased.
  4. Whether the accused persons shared a common intention to cause the death of the deceased.
  5. Whether the accused were present at the scene of crime at the time of the deceased's death.
  6. Whether the prosecution destroyed the defence of alibi raised by each accused.

Orders

  • All eleven accused persons convicted of murder contrary to sections 188 and 189 of the Penal Code Act.

Rules and key headnotes

Murder — Common Intention — Section 20 Penal Code Act
Where two or more persons form a common intention to prosecute an unlawful purpose together and in the process an offence is committed of such a nature that it was a probable consequence of the common purpose, each of the perpetrators is deemed to have committed the offence, regardless of who inflicted the fatal injury.
Murder — Malice Aforethought — Proof by Surrounding Circumstances
Malice aforethought may be inferred from surrounding circumstances including the weapon used, the part of the body targeted, the nature of the injuries inflicted, and the conduct of the accused before and after the attack. The use of a firearm and repeated assaults with blunt and sharp objects demonstrate the intention to kill.
Common Intention — Liability for Acts of Co-Accused
Where persons set out armed with lethal weapons with a common intention to prosecute an unlawful purpose, and in the course of that purpose one of them kills another person, all are liable to be convicted of murder if the killing was a probable consequence of the violence they jointly pursued.
Alibi — Burden of Proof — Destruction by Prosecution
Once an accused sets up the defence of alibi, the burden is on the accused to account for so much of the time in question as to render it impossible to have committed the imputed act. However, the prosecution must adduce sufficient evidence to place the accused at the scene of crime at the material time. Where multiple eyewitnesses positively identify the accused at the scene and the alibi does not exclude the possibility of presence at the material time, the defence of alibi is destroyed.
Identification Evidence — Factors to Consider — Avoiding Mistaken Identity
In evaluating identification evidence, the court must examine the conditions of identification including lighting, duration of observation, and prior familiarity between witness and accused. Where identification occurred in daylight, the witnesses were close relatives or neighbours of the accused, and the identification was corroborated by an identification parade admitted as an agreed fact, there is no mistaken identity.

Legislation cited (3)

Cases cited (9)

  • Uganda v Okello (1992-93) HCB 68
  • Uganda v John Ochieng (1992-1993) HCB 80
  • Festo Androa Asenua and Kakooza v Uganda (Criminal Appeal No. 1 of 1998)
  • Bogere Moses v Uganda (Criminal Appeal No. 1 of 1997)
  • Abdala Nabulere and Others v Uganda (Criminal Appeal No. 9 of 1978)
  • Uganda v Ponsiano Wambuga and 2 Others [1977] HCB 59
  • Uganda v Sebagonda and Son of Miruho (1977) HCB 7
  • Uganda v Kassim Obura and Another [1981] HCB 9
  • R V Chebiegon Arapcheron and Kepdit Arap Muyaken 15 KR1 100

Full judgment

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

Uganda v Bukone & 1Ors (HCT-04-CR- SC -169 of 2016) [2017] UGHCCRD 95 (3 April 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.