Wakilii

Uganda v Endrio & Ors (Criminal Sessions Case No. 172 of 2016)

High Court · [2018] UGHCCRD 185 · 2018 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder in the High Court
Decision
First and second accused convicted of three counts of murder and sentenced to life imprisonment on each count, sentences to run concurrently. Third and fourth accused acquitted at close of prosecution case.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the prosecution proved beyond reasonable doubt all essential ingredients of murder against two of the four accused. The deaths of three persons resulted from deliberate poisoning of food with Bendiocarb. Malice aforethought was inferred from the nature of the poisonous substance, its administration in food, and the multiple organ failure it caused. Circumstantial evidence, identification evidence, and a dying declaration established that the first accused and second accused were the perpetrators, motivated by a dispute over pumpkin leaves. Two accused were acquitted at close of prosecution case.

Outcome

First and second accused convicted of three counts of murder and sentenced to life imprisonment on each count, sentences to run concurrently. Third and fourth accused acquitted at close of prosecution case.

Facts

On 11 August 2015 at Bibia village, Amuru District, a dispute arose between the first accused and the deceased Akello Cesserina over pumpkin leaves. The first accused, in the presence of the second accused (her father-in-law), threatened Cesserina with death if she did not stop picking pumpkin leaves without permission. Later that afternoon, the second accused entered Cesserina's hut on the pretext of searching for a chair, where food had been prepared. Six persons who ate that food shortly thereafter developed diarrhoea, vomiting, and fever. Three died: Komakech James (a child who died at the hospital gate), Akello Cesserina (died after two days on intensive care), and Atoo Betty (died after two days). Post-mortem examination revealed multiple internal organ failure. Toxicological analysis found that the flour, bread, and cabbage contained Bendiocarb, a moderately hazardous carbamate insecticide. The stomach contents of the deceased also contained Bendiocarb. The first and second accused were arrested when the community attempted to lynch them. Both raised alibis at trial: the first accused claimed to have been in the bush burning charcoal, and the second accused claimed to have been organising a local administration meeting.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that the three deceased persons died.
  2. Whether the deaths of the three deceased persons were unlawfully caused.
  3. Whether the deaths were caused with malice aforethought.
  4. Whether the accused persons were the perpetrators of the offences.

Orders

  • A1 Endrio Rose convicted of murder contrary to sections 188 and 189 of the Penal Code Act on counts 1, 2, and 3.
  • A2 Oling Rufino convicted of murder contrary to sections 188 and 189 of the Penal Code Act on counts 1, 2, and 3.
  • A1 Endrio Rose sentenced to life imprisonment on count 1.
  • A1 Endrio Rose sentenced to life imprisonment on count 2.
  • A1 Endrio Rose sentenced to life imprisonment on count 3.
  • A2 Oling Rufino sentenced to life imprisonment on count 1.
  • A2 Oling Rufino sentenced to life imprisonment on count 2.
  • A2 Oling Rufino sentenced to life imprisonment on count 3.
  • The three sentences for each convict to run concurrently.
  • A3 Wani Richard acquitted and set free at close of prosecution case.
  • A4 Bayoa Elevia acquitted and set free at close of prosecution case.

Rules and key headnotes

Murder — Proof of Death — Methods of Proving Death of a Human Being
Death of a human being may be proved by production of a post-mortem report or evidence of witnesses who state that they knew the deceased and attended the burial or saw the dead body.
Murder — Unlawful Killing — Presumption of Unlawfulness
Any homicide is presumed to have been caused unlawfully unless it was accidental or it was authorised by law.
Murder — Poisoning — Proving Deliberate Poisoning as Distinguished from Accidental
Where poison is found in multiple food items procured from different sources but consumed only within one household, and no poisonous substances are found stored in the home, the court may infer deliberate poisoning from inside the house rather than accidental contamination at source.
Murder — Malice Aforethought — Inference from Circumstantial Evidence
Malice aforethought may be inferred from the weapon used, the manner of its application, the part of the body targeted, and the impact. A perpetrator who administers a poisonous substance in food knowing it will be eaten by a human being must have foreseen that death would be a natural consequence of that act.
Visual Identification — Safeguards — Factors for Assessing Reliability
In assessing visual identification evidence, the court must warn itself of the dangers and consider whether the witness was familiar with the accused, whether there was light to aid identification, the length of time taken to observe, and the proximity of the witness to the accused at the time of observation.
Dying Declaration — Admissibility and Corroboration
A dying declaration is a statement made by a person who believes he is about to die concerning the manner in which he sustained the injuries or the immediate cause of death. Such declarations must be received with caution because cross-examination is wanting. Although corroboration is not necessary as a matter of law, judicial practice requires that corroboration must always be sought.
Circumstantial Evidence — Standard of Proof — Exclusion of Reasonable Hypothesis of Innocence
In a case depending largely upon circumstantial evidence, the court must find before convicting that the exculpatory facts are incompatible with the innocence of the accused and incapable of explanation upon any other reasonable hypothesis than that of guilt. The circumstances must produce moral certainty to the exclusion of every reasonable doubt. The court must be sure there are no other co-existing circumstances which would weaken or destroy the inference of guilt.

Legislation cited (6)

Cases cited (15)

  • Ssekitoleko v Uganda [1967] EA 531
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • R v Gusambizi s/o Wesonga (1948) 15 EACA 65
  • R v Tubere s/o Ochen (1945) 12 EACA 63
  • Abdalla Bin Wendo v R (1953) 20 EACA 106
  • Roria v R [1967] EA 583
  • Abdalla Nabulere and Others v Uganda [1975] HCB 77
  • Taylor Weaver and Donovan v R (21 Cr App R 20)
  • Simon Musoke v R [1958] EA 715
  • Mwangi v Republic [1983] KLR 327
  • R v Kipkering Arap Koske and Another (16 EACA 135)
  • Sharma Kooky and Another v Uganda [2002] 2 EA 589
  • Bukenya v Uganda (Criminal Appeal No. 51 of 2007)
  • Sunday v Uganda (Criminal Appeal No. 103 of 2006)
  • Byaruhanga v Uganda (Criminal Appeal No. 144 of 2007)

Full judgment

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Uganda v Endrio & Ors (Criminal Sessions Case No. 172 of 2016) [2018] UGHCCRD 185 (15 October 2018)
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.