Wakilii

Uganda v Draleke Setimo (CRIMINAL SESSION NO. 255 93)

High Court · [1994] UGHC 156 · 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

Held that the accused accidentally knocked the deceased with his elbow while struggling to remove a stick from another person. The act was not unlawful because it occurred independently of the exercise of his will. Under section 9(1) of the Penal Code Act, a person is not criminally responsible for an event which occurs by accident. Accused acquitted.

Outcome

Accused acquitted and discharged

Facts

The accused was charged with murdering Sabina Indiya on 7 December 1991 at Ringa village, Moyo District. Prosecution evidence showed that a drinking gathering at Delphina Eimani's home led to a quarrel. Night Aselua (PW6), the deceased's daughter, testified she saw the accused strike her mother during a fight. Maurina Vuciri (PW5) and Lanyini Kareyo (PW7) heard a sound of a blow followed by a fall. The deceased fell, vomited, and died. No post-mortem examination was performed; burial occurred three days later. The accused admitted in sworn testimony that while forcefully pulling a stick from Lanyini Kareyo, his elbow accidentally knocked the deceased who was standing behind him, causing her to fall and die. He stated he had no quarrel with her and she had invited him for a drink.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the deceased Sabina Indiya was dead.
  2. Whether the prosecution proved beyond reasonable doubt that the accused caused the death of the deceased.
  3. Whether the accused unlawfully caused the death of the deceased.
  4. Whether the accused had malice aforethought when he caused the death of the deceased.

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 — Death Without Medical Evidence
Where there is no medical evidence, death can still be proved beyond reasonable doubt by some other cogent evidence. Medical evidence is the best evidence to prove death but it is by no means the only evidence.
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. Such corroboration can be provided by other witnesses or by the accused's own admission.
Criminal Law — Murder — Essential Ingredients
In the offence of murder, the prosecution must prove beyond reasonable doubt: (1) that the person alleged murdered is dead; (2) that the death was caused by the accused; (3) that the accused unlawfully caused the death; and (4) that the accused had malice aforethought when he caused the death.
Criminal Law — Causation — Fanciful Possibilities
The law would fail to protect the community if it admitted fanciful possibilities to deflect the course of justice. If the evidence is so strong against a person as to leave only a remote possibility in their favour which can be dismissed with the sentence 'of course it is possible but not in the least probable', the case is proved beyond reasonable doubt.
Criminal Law — Accidental Act — 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. This provision exonerates a person for an accidental act.

Legislation cited (3)

Cases cited (3)

  • Republic v Chaya and Another (1973) 500
  • Uganda v Kulabako Night Jennifer [1990-91] KLR (Pt 11) 79
  • Miller v Minister of Pension [1947] 2 WLR 272

Full judgment

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

Uganda v Draleke Setimo (CRIMINAL SESSION NO. 255_93) [1994] UGHC 156 (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.