Wakilii

Uganda v Draleke (Criminal Session Case 255 of 1993)

High Court · [1994] UGHC 53 · 1994 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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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The High Court acquitted the accused of murder. The court found that while the accused's elbow struck the deceased causing her death, the act was accidental. The accused was pulling a stick from another person when his elbow inadvertently knocked the deceased who was standing behind him. Under Penal Code Act s.9(1), a person is not criminally responsible for an act which occurs by accident. The unsworn evidence of a child witness lacked the necessary corroboration to establish deliberate or unlawful striking.

Outcome

Accused acquitted and discharged

Facts

On 7 December 1991 at Ringa village in Moyo District, the accused Draleke Setimo and others including the deceased Sabina Indiya gathered at a home to drink enguli. A quarrel broke out between Lanyini Kareyo and the accused, and the host chased everyone away. An alarm was raised that the accused had killed Sabina Indiya. The deceased was found lying down vomiting and later died. The accused was arrested. The accused explained that while forcefully pulling a stick from Lanyini Kareyo who had struck him with it, his elbow accidentally knocked the deceased who was standing behind him unknown to him. She fell and died. No post-mortem examination was conducted.

Issues

  1. Whether the deceased Sabina Indiya was dead.
  2. Whether the accused caused the death of the deceased.
  3. Whether the accused caused the death unlawfully.
  4. Whether the death resulted from an accidental act not criminally responsible under Penal Code Act s.9(1).

Orders

  • Accused acquitted of the offence of murder.
  • Accused ordered to be set free forthwith unless held on some other lawful ground.

Rules and key headnotes

Evidence — Proof of Death — Absence of Medical Evidence
Death can be proved beyond reasonable doubt by cogent evidence even in the absence of medical evidence or post-mortem examination, although medical evidence is the best evidence to prove death.
Evidence — Unsworn Statement of Child of Tender Age — Requirement for Corroboration
The unsworn statement of a child of tender age requires corroboration as a matter of law and cannot be acted upon in the absence of such corroboration.
Criminal Law — Murder — Accidental Death — Section 9(1) Penal Code Act
Under section 9(1) of the Penal Code Act, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will or for an event which occurs by accident, and is therefore exonerated where death results from an accidental act.
Criminal Law — Causation of Death — Exclusion of Fanciful Possibilities
Where evidence is sufficiently strong against an accused to leave only remote possibilities in his favour which can be dismissed as not probable, fanciful possible natural causes of death need not deflect the finding that the accused caused the death.

Legislation cited (3)

Cases cited (3)

  • Republic v Cha ya and Anor (1973) EA 800
  • Uganda v Kulabako Night Jennifer [1990-91] KLR 78
  • Miller v Minister of Pension [1947] 2 KB 272

Full judgment

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

Uganda v Draleke (Criminal Session Case 255 of 1993) [1994] UGHC 53 (25 April 1994)
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.