Wakilii

Uganda v Kyarimpa (Criminal Session Case 499 of 2019)

High Court · [2023] UGHCCRD 137 · 2023 Acquitted of Murder — Convicted of Manslaughter 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 and convicted of manslaughter

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the prosecution proved death of a human being, unlawful causation of death, and participation of the accused, but failed to prove malice aforethought beyond reasonable doubt. The actions of the accused during a domestic fight arising from a dispute over family coffee, where both parties injured each other without use of disproportionate weaponry, did not demonstrate premeditated intent to kill. Accused acquitted of murder but convicted of the minor cognate offence of manslaughter under Trial on Indictment Act s.87.

Outcome

Accused acquitted of murder and convicted of manslaughter

Facts

On 13 April 2019 at Kagango I Village in Ibanda District, the deceased Banyenzaki Tomasi returned home from a trading centre intoxicated and quarrelling, intending to attack the accused (his wife) over allegations that she had harvested family coffee without his consent. A fight ensued between the deceased and the accused, during which the deceased threw a panga at the accused which she dodged. According to prosecution witnesses, the accused struck the deceased on the head with a stick, causing bleeding. The accused testified that the deceased beat her on the shoulder during the scuffle. The deceased died shortly thereafter. A postmortem report established the cause of death as raised intracranial pressure due to blunt force trauma. The accused was charged with murder, pleaded not guilty, and raised the defence of self-defence.

Issues

  1. Whether the prosecution proved all the ingredients of the offence of murder beyond reasonable doubt.
  2. Whether the accused was entitled to the defence of self-defence.
  3. Whether malice aforethought could be inferred from the circumstances of the killing.
  4. Whether the accused could be convicted of the minor offence of manslaughter.

Orders

  • Accused acquitted of the charge of murder contrary to sections 188 and 189 of the Penal Code Act.
  • Accused convicted of the offence of manslaughter contrary to sections 187 and 190 of the Penal Code Act.

Rules and key headnotes

Murder — Essential ingredients — Death of a human being, unlawful causation, malice aforethought, and participation
To prove the offence of murder, the prosecution must establish beyond reasonable doubt: (1) death of a human being; (2) that the death was caused unlawfully; (3) that the death was caused with malice aforethought; and (4) that the accused participated in causing the death.
Self-Defence — Requirements — Imminent danger and reasonable belief that force is necessary
Lawful self-defence exists when the accused reasonably believes that he or she is in imminent danger of an attack which causes reasonable apprehension of death or grievous hurt, and the accused reasonably believes that the immediate use of force is necessary to defend against that danger. The accused must demonstrate by his or her actions that he or she does not want to fight.
Murder — Malice aforethought — Inference from circumstances and nature of injuries
Malice aforethought is a mental element which can be established from the surrounding circumstances, the parts of the body injured, and the nature of the injuries inflicted.
Murder — Malice aforethought — Domestic violence — Fight between spouses over family property
Where a killing occurs during a domestic fight between spouses arising from a disagreement over family property, where both parties injured each other without use of disproportionate superior weaponry, and where there is no indication of a premeditated plan to kill, malice aforethought cannot be inferred.
Manslaughter — Conviction of minor cognate offence — Trial on Indictment Act s.87
Where an accused is charged with murder and the facts proved reduce the offence to manslaughter, the accused may be convicted of manslaughter although not charged with it, provided the ingredients of manslaughter are proved.

Legislation cited (9)

Cases cited (8)

  • Nandudu Grace and Another v Uganda (Supreme Court Criminal Appeal No. 4 of 2009)
  • Miller v Minister of Pensions [1947] 1 All ER 372
  • Uganda v Monday Wilson (High Court Criminal Case No. 22 of 2017)
  • Matovu Frank and Another v Uganda (Court of Appeal Criminal Appeal No. 111 of 2018)
  • Uganda v Ijjo (High Court Criminal Session No. 76 of 2017)
  • R v Gusambizi s/o Wesonga (1948) 15 EACA 65
  • Uganda v Bosco Okello [1992-93] HCB 68
  • Uganda v Alijuna Matia (High Court Criminal Case No. 131 of 2011)

Full judgment

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

Uganda v Kyarimpa (Criminal Session Case 499 of 2019) [2023] UGHCCRD 137 (6 September 2023)
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.