Wakilii

Uganda v Ezedio Teberi (Criminal Sessions Case 1 of 1992)

High Court · [1994] UGHC 182 · 1994 Conviction Quashed — Convicted of Lesser Offence AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder
Decision
Accused acquitted of murder but convicted of manslaughter

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted the accused of manslaughter under Penal Code Act s.182 after finding he unlawfully killed his wife but without malice aforethought. The court rejected the defence of suicide, concluding on circumstantial evidence that the accused was responsible for the death. However, factors including quarrel, possible provocation, intoxication, and self-defence negated the existence of malice aforethought required for murder. The accused was acquitted of murder but convicted of the lesser offence of manslaughter.

Outcome

Accused acquitted of murder but convicted of manslaughter

Facts

On or about 27 September 1990, the accused Ezedio Teberi had a quarrel with his wife Goreti Akello at Marachi village, Tororo District. After the quarrel, the deceased was found hanging on a wire in their home. A witness testified that she had separated the couple after seeing them fighting, and later heard a voice crying for help from inside their house. The same witness saw the accused attempting to push the deceased's body upwards. When the police and doctor arrived at the scene, the deceased was found hanging with her feet touching the ground. The accused claimed in his unsworn statement that after the quarrel his wife continued to harass him, and while he was asleep she committed suicide by hanging. He stated he tried to rescue her but it was too late. Evidence also showed that the accused had been drinking and had attempted to set his own house on fire that evening.

Issues

  1. Whether the deceased Goreti Akello was unlawfully killed.
  2. Whether the accused Ezedio Teberi killed the deceased.
  3. Whether the killing was accompanied by malice aforethought as required for a murder conviction.

Orders

  • Accused acquitted of murder.
  • Accused convicted of manslaughter under Penal Code Act s.182.

Rules and key headnotes

Murder — Burden of Proof — Prosecution Must Prove Beyond Reasonable Doubt
In a prosecution for murder, the duty to prove the guilt of the accused rests on the prosecution, which must establish beyond reasonable doubt that a human being was killed, that the killing was with malice aforethought as defined under section 186 of the Penal Code Act, and that the accused took part in the killing.
Circumstantial Evidence — Standard Required for Conviction
In a case depending exclusively upon circumstantial evidence, the court must, before deciding upon conviction, find that the inculpatory facts are incompatible with the innocence of the accused and incapable of explanation upon any other reasonable hypothesis than that of guilt. Circumstantial evidence should be narrowly examined as it may be easily fabricated.
Homicide — Unlawful Killing — Burden to Show Lawful or Accidental Death
In all cases of homicide, death is said to be unlawfully caused unless it is shown that it was accidentally caused or that it was authorised by law.
Murder — Malice Aforethought — Factors Negating Malice
Where there is evidence of provocation, intoxication, or self-defence involving excessive force, such factors may effectively negate the existence of malice aforethought required for a murder conviction, reducing the offence to manslaughter.
Murder — Alternative Verdict — Manslaughter
Where an accused is found to have unlawfully killed the deceased but without the necessary malice aforethought, the court may acquit the accused of murder and instead convict of manslaughter under section 182 of the Penal Code Act.

Legislation cited (2)

Cases cited (9)

  • Okoth Okale v Republic (Court of Appeal for Eastern Africa Criminal Appeal 1965)
  • Gusambizi s/o Jesonga v R [1948] ULR 65
  • Shabudin Merali and another v Uganda (Court of Appeal for Eastern Africa 1963)
  • Simon Musoke v R (Court of Appeal for Eastern Africa 1958)
  • Toper v R [1952] AC 480 at page 489
  • Tumuheirwe v Uganda (Court of Appeal for Eastern Africa 1967)
  • Lokoya v Uganda (Court of Appeal for Eastern Africa 1968)
  • Tubuleso Ocheni v R [1945] 12 EACA 53
  • Uganda v Abdalla Nabi High Court Criminal Session Case No. 24/93

Full judgment

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

Uganda v Ezedio Teberi (Criminal Sessions Case 1 of 1992) [1994] UGHC 182 (3 May 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.