Wakilii

Uganda v Byarugaba Tarasisio (HCT-05-CR-SC-0004-2006 ) (HCT-05-CR-SC-0004-2006)

High Court · [2006] UGHC 86 · 2006 Acquittal Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder
Decision
Accused acquitted and discharged

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Accused charged with murder acquitted after contradictory prosecution testimony concerning participation at scene of crime failed to disprove alibi defence. Prosecution witnesses gave inconsistent accounts of deceased's location after alleged assault and accused's participation. Court found prosecution testimony worthless due to deliberate falsehood going to root of case.

Outcome

Accused acquitted and discharged

Facts

On 21 July 2002 at approximately 8:00 p.m., accused and one Bakashaba visited a bar owned by the deceased. Thirty minutes later they left carrying a 500ml Coca Cola bottle belonging to the deceased. The deceased followed them outside to retrieve the bottle. According to prosecution witnesses, Bakashaba threw the deceased to the ground and accused struck him on the head with the bottle. The deceased was admitted to Mbarara University Teaching Hospital and died days later from neurogenic shock due to brain injuries from fractured temporal bones. Prosecution called six witnesses including two eyewitnesses, investigating officers, and a pathologist. Accused testified on oath denying involvement and stating he had left the bar before the attack occurred.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the accused participated in the murder of the deceased.
  2. Whether the accused's alibi defence was disproved by the prosecution.

Orders

  • Accused found not guilty.
  • Accused acquitted.

Rules and key headnotes

Murder — Ingredients — Burden of Proof
In a murder prosecution, the prosecution must prove beyond reasonable doubt: (i) that the deceased died, (ii) that the killing was unlawful, (iii) that there was malice aforethought, and (iv) that the accused participated in the offence.
Murder — Unlawful Killing — Presumption
The law presumes that the killing of any person is unlawful except where it results from an accident or is excusable by law.
Murder — Malice Aforethought — Inference from Circumstances
Malice aforethought can be gathered from surrounding circumstances including the type of weapon used, the part of the body on which injury is inflicted, the number of injuries inflicted, and the conduct of the assailant before and after the attack.
Alibi Defence — Burden of Proof
When an accused person sets up a defence of alibi, he is under no duty to prove it. The prosecution has the onus to disprove it by adducing evidence which places the accused person squarely at the scene of crime.
Witness Credibility — Contradictory Evidence — Effect on Prosecution Case
Where prosecution witnesses give contradictory evidence going to the root of the prosecution case, pointing to deliberate falsehood, such testimony is worthless and must be rejected.
Witness Statements — Contemporaneous Statements — Weight Against Court Testimony
A witness statement made to police soon after the event is more contemporaneous to the occasion than testimony in court and carries significant weight where it contradicts the witness's later court testimony.

Legislation cited (2)

Cases cited (2)

  • Gusambizi s/o Wesonga v R (1948) 15 EACA 63
  • Tubere s/o Ochen v R (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 Byarugaba Tarasisio (HCT-05-CR-SC-0004-2006 ) (HCT-05-CR-SC-0004-2006) [2006] UGHC 86 (20 June 2006)
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.