Wakilii

Uganda v Monday David (Criminal Case 109 of 2019)

High Court · [2022] UGHC 50 · 2022 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial on indictment for murder and two counts of attempted murder
Decision
Accused convicted of murder and one count of attempted murder; sentenced to life imprisonment and 10 years 11 months 18 days respectively to run concurrently; acquitted on second count of attempted murder

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted Monday David of murder and one count of attempted murder, sentencing him to life imprisonment and 10 years 11 months 18 days respectively to run concurrently. The court found that the accused killed Bwerindwa Bosco with a panga when the deceased intervened to protect Kakyo Dolika, whom the accused had already injured and was chasing with the same weapon. The court acquitted the accused on the second count of attempted murder due to insufficient evidence of his participation in the assault on Busobozi Julius.

Outcome

Accused convicted of murder and one count of attempted murder; sentenced to life imprisonment and 10 years 11 months 18 days respectively to run concurrently; acquitted on second count of attempted murder

Facts

On 3 February 2018 at approximately 8:00pm at Ihamba Trading Centre, Kyenjojo District, Monday David armed with a panga chased Kakyo Dolika, his estranged lover, after cutting her fingers during a quarrel. Dolika fled into a bar owned by Bwerindwa Bosco and his wife Kajumba Edesi. When the accused followed her into the bar still holding the panga, Bosco stood up and asked him to leave. The accused instead raised the panga and cut Bosco on the head with a deep wound that went through the skull into the brain. Bosco died the following day from his injuries. The accused then fled but was later arrested. Earlier that evening, the accused had also cut Busobozi Julius on the head when Busobozi responded to Dolika's alarm. The accused denied the offences, claiming he was at home sleeping when police arrested him.

Issues

  1. Whether the death of Bwerindwa Bosco occurred and was caused unlawfully with malice aforethought by the accused.
  2. Whether the accused attempted to murder Busobozi Julius with malice aforethought.
  3. Whether the accused attempted to murder Kakyo Dolika with malice aforethought.

Orders

  • Accused found guilty of murder (Count 1) and convicted accordingly.
  • Accused found guilty of attempted murder (Count 3) and convicted accordingly.
  • Accused found not guilty of attempted murder (Count 2) and acquitted accordingly.
  • Accused sentenced to life imprisonment on Count 1 (murder).
  • Accused sentenced to 15 years imprisonment on Count 3 (attempted murder), reduced to 10 years 11 months 18 days after deducting 4 years 12 days spent on remand.
  • Sentences to run concurrently.
  • Accused advised of right of appeal within fourteen days.

Rules and key headnotes

Murder — Malice Aforethought — Inference from Weapon and Target
Malice aforethought is established where a deadly weapon such as a panga is deliberately used to inflict injuries on a vulnerable part of the body such as the head, as such conduct demonstrates either intention to cause death or knowledge that death would probably result.
Identification Evidence — Single Witness — Corroboration
While corroboration is required as a matter of practice when relying on a single identifying witness, a court may convict on such evidence without corroboration if satisfied that the witness was truthful and there is no possibility of error in identification, having regard to factors including familiarity with the accused, quality of light, length of observation, and distance.
Corroboration — Conduct of Accused — Flight from Scene
The conduct of an accused person can provide corroboration of identification evidence where such conduct indicates a sense of guilt, including fleeing from the scene immediately after the offence and evading arrest.
Attempted Murder — Manifestation of Intention — Overt Acts
Attempted murder requires both malice aforethought and manifestation of the intention to kill by overt acts. Where an accused has already injured a victim with a deadly weapon and then chases the victim while still armed with that weapon, these acts constitute overt manifestation of intent to kill.
Circumstantial Evidence — Standard of Proof
Where a case is founded on purely circumstantial evidence, the court must 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, producing moral certainty to the exclusion of every reasonable doubt.
Sentencing — Murder — Life Imprisonment — Aggravating Factors
Life imprisonment is appropriate for murder where aggravating factors significantly outweigh mitigating factors, including where death was caused while attempting to commit another grave offence, a deadly weapon was used on a vulnerable body part, the offence was committed in the presence of the victim's spouse, and the convict shows no remorse.
Sentencing — Remand Period — Life Imprisonment
The constitutional requirement to deduct remand period from sentence under Article 23(8) applies only to quantified terms of imprisonment and not to life imprisonment or death sentences, as these are not amenable to mathematical deduction.

Legislation cited (16)

Cases cited (33)

  • Woolmington v DPP [1935] AC 462
  • Okethi Okale & Ors v Republic [1965] EA 555
  • Miller v Minister of Pensions [1947] 2 All ER 372
  • Abdu Ngobi v Uganda (Supreme Court Criminal Appeal No. 10 of 1991)
  • Gusambizi s/o Wesonga v Republic [1948] 15 EACA 65
  • R v Tubere s/o Ochieng [1945] EACA 63
  • Kwesimba v Uganda (Supreme Court Criminal Appeal No. 14 of 1995)
  • Mwathi v Republic [2007] 2 EA 334
  • Jamada Nzabaikukize v Uganda (Supreme Court Criminal Appeal No. 01 of 2015)
  • Abdullah Bin Wendo and Another v R (1953) 20 EACA 583
  • Abdulla Nabulere v Uganda (Criminal Appeal No. 9 of 1978)
  • Bogere Moses vs. Uganda (supra)
  • R v Baskerville [1916] 2 KB 658
  • R v Manilal Ishwerlal Purohit (1942) 9 EACA 58
  • Abdala bin Wendo & Anor v R (1953) 20 EACA 166
  • Bogere Charles v Uganda (Supreme Court Criminal Appeal No. 10 of 1998)
  • Muhamed Mukasa & Anor v Uganda (Supreme Court Criminal Appeal No. 27 of 1995)
  • Telesfora Alex & Anor v Republic (1963) EA 140
  • Simon Musoke v R (1956) EA 715
  • Ninsiima v Uganda (Court of Appeal Criminal Appeal No. 180 of 2010)
  • Kaddu Kavulu Lawrence v Uganda (Criminal Appeal No. 72 of 2018)
  • Ssekawoya Blasio v Uganda (Supreme Court Criminal Appeal No. 24 of 2014)
  • Rwalinda John v Uganda (Supreme Court Criminal Appeal No. 3 of 2015)
  • Mwesigye Richard & Another v Uganda (Court of Appeal Criminal Appeal No. 246 of 2010)
  • Bukenya v Uganda (Court of Appeal Criminal Appeal No. 51 of 2007)
  • Aharikundira Yusitina v Uganda (Supreme Court Criminal Appeal No. 27 of 2015)
  • Ndyomugenyi Patrick v Uganda (Supreme Court Criminal Appeal No. 57 of 2016)
  • Syson Muganga v Uganda (Court of Appeal Criminal Appeal No. 33 of 2005)
  • Opolot Justine and Agamet Richard v Uganda (Court of Appeal Criminal Appeal No. 155 of 2009)
  • Anthony Okwanga v Uganda (Court of Appeal Criminal Appeal No. 45 of 1999)
  • Kaddu Kavulu Lawrence v Uganda (Supreme Court Criminal Appeal No. 72 of 2018)
  • Magezi Gad vs Uganda, (Supra)
  • Magala Ramathan v Uganda (Supreme Court Criminal Appeal No. 01 of 2014)

Full judgment

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

Uganda v Monday David (Criminal Case 109 of 2019) [2022] UGHC 50 (15 February 2022)
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.