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Uganda v Nuwabiine and Others (Criminal Sessions Case 241 of 2022)

High Court · [2023] UGHCCRD 136 · 2023 Conviction — Second Accused; Acquittal — First and Third Accused AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder following committal from Magistrate's Court
Decision
Second accused convicted of murder and sentenced to detention; first and third accused acquitted and released from custody

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the prosecution proved all ingredients of murder beyond reasonable doubt against the second accused, Nuwahereza Nicholas alias Kabahindi. Circumstantial evidence established his participation through his presence at the bar with the deceased, his departure shortly after the deceased left, and his knowledge of the date of death before the body was discovered. The first and third accused were acquitted as the prosecution failed to prove their participation in the murder.

Outcome

Second accused convicted of murder and sentenced to detention; first and third accused acquitted and released from custody

Facts

On 7 November 2018 at Kyakazizi Cell, Rwenjojo Ward, Mbarara District, the deceased Shaba Oswald was murdered. The deceased was last seen alive at Gift's bar on the evening of 7 November 2020 during COVID-19 curfew. Three accused persons were present in the bar at the same time as the deceased. The deceased left the bar around 10:30pm. The second accused, Nuwahereza Nicholas, left approximately 15 minutes after the deceased and was observed going in and out of the bar multiple times. The deceased's body was discovered days later floating in a water dam. A postmortem revealed death by asphyxiation following wet drowning associated with manual strangulation, with abrasions around the upper eyelid and neck. Evidence established prior conflict between the accused and the deceased over a girl, resulting in a fight on 24 October 2020 where threats were allegedly made. The second accused claimed he was in Mbarara with his mother at the time, but his testimony that his mother informed him of the death on 7 November 2020 was inconsistent with the fact that the body was only discovered days later.

Issues

  1. Whether the prosecution proved the death of Shaba Oswald beyond reasonable doubt.
  2. Whether the prosecution proved that the death of the deceased was unlawful.
  3. Whether the prosecution proved that the death of the deceased was caused with malice aforethought.
  4. Whether the prosecution proved the participation of the accused persons in causing the death of the deceased.

Orders

  • Nuwabiine Andrew alias Mujungu (A1) acquitted of the charge of murder.
  • Abweine Barnabas (A3) acquitted of the charge of murder.
  • Nuwabiine Andrew alias Mujungu (A1) and Abweine Barnabas (A3) ordered to be released from custody.
  • Nuwahereza Nicholas alias Kabahindi (A2) convicted of the offence of murder of Shaba Oswald contrary to sections 188 and 189 of the Penal Code Act.
  • Nuwahereza Nicholas alias Kabahindi (A2) sentenced to 3 years detention from the date of conviction.
  • Period of 2 years, 9 months and 6 days spent on remand deducted from sentence.
  • Convict to serve a sentence of 2 months and 24 days starting from 12 October 2023.
  • Convict informed of right of appeal within 14 days.

Rules and key headnotes

Murder — Burden and Standard of Proof
In criminal cases, the prosecution bears the burden of proving all ingredients of the offence beyond reasonable doubt.
Murder — Ingredients of the Offence
The ingredients of the offence of murder are: (1) death of a human being; (2) the death was caused unlawfully; (3) the death was caused with malice aforethought; and (4) the accused participated in causing the death.
Murder — Unlawfulness Presumed
Any homicide is presumed to have been caused unlawfully unless it is found to be accidental or authorized by law.
Murder — Malice Aforethought — Proof from Circumstances
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.
Circumstantial Evidence — Test for Conviction
When dealing with 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.
Alibi — Burden of Proof
Where an accused raises an alibi, he bears no obligation to justify it. The burden lies on the prosecution to discredit the alibi through cogent evidence placing the accused at the scene of the crime as the perpetrator of the offence.
Sentencing — Child Offenders — Maximum Detention
Under section 94(1)(g) of the Children Act, a child offender convicted of an offence punishable by death shall be detained for a maximum of three years, with credit for time spent on remand to be deducted from the sentence.

Legislation cited (7)

Cases cited (16)

  • 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)
  • Uganda v Endrio and 3 Others (High Court Criminal Session No. 172 of 2016)
  • R v Gusambizi s/o Wesonga (1948) 15 EACA 65
  • Uganda v Bosco Okello [1992-93] HCB 68
  • Matovu Frank and Another v Uganda (Court of Appeal Criminal Appeal No. 111 of 2018)
  • Republic v Thomas Gilbert Chocmo Ndeley (High Court of Kenya at Nairobi Criminal Case No. 55 of 2006)
  • Godi Akbar v Uganda (Supreme Court Criminal Appeal No. 3 of 2013)
  • Audrea Obonyo and Others v R (1962) EA 542
  • Uganda v Kayinamura (High Court Criminal Session No. 238 of 2019)
  • Buhingiro v Uganda (supreme court Criminal Appeal No. of 2014)
  • Wasaja Fred v Uganda (Court of Appeal Criminal Appeal No. 49 of 2011)
  • Befeho Iddi v Uganda (Supreme Court Criminal Appeal No. 15 of 2017)
  • Ndyomugenyi v Uganda (Supreme Court Criminal Appeal No. 57 of 2016)
  • Mpagi Godfrey v Uganda (Supreme Court Criminal Appeal No. 63 of 2015)

Full judgment

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

Uganda v Nuwabiine and Others (Criminal Sessions Case 241 of 2022) [2023] UGHCCRD 136 (12 October 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.