Wakilii

Uganda v Nyayisaba and Another (Criminal Session Case 166 of 2019)

High Court · [2023] UGHC 68 · 2023 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for murder arising from committal proceedings
Decision
Accused Hashakimana Fred convicted of murder and remanded for sentencing

Observed later treatment

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Holding

The High Court convicted Hashakimana Fred of murder under the doctrine of common intention. The court found that circumstantial evidence — including a mobile phone sold to the accused recovered at the scene, his possession of a panga on the night of the killing, a bite mark on his finger consistent with restraining the victim, his conduct in hiding after the offence, and his leading police to the location of the severed head — proved beyond reasonable doubt that he held down the deceased while his co-accused beheaded him. The court rejected the accused's alibi and excluded his extra-judicial statement due to procedural irregularities.

Outcome

Accused Hashakimana Fred convicted of murder and remanded for sentencing

Facts

On the night of 9 April 2019, Serugume Jack was murdered in Suma Village, Kisoro District. His headless body was discovered in a passion fruit garden on 10 April 2019, with a red mobile phone beside it. The head was recovered the following day in a cassava garden 400 metres away. The phone was identified as having been sold by Ssebagenzi George to Hashakimana Fred (A2) on 9 April 2019 for UGX 5,000. Witnesses testified that A2 and his co-accused Nyayisaba Denis (A1) were seen drinking at a bar on the evening of 9 April 2019 carrying a sharpened panga. A2 went into hiding after the murder and was found shivering in a banana plantation on 11 April 2019. Both accused led police to the location where the head had been hidden. A1 pleaded guilty through a plea bargain. Medical examination of A2 revealed a bite mark on his right index finger. The prosecution case was that A2 held the deceased down while A1 beheaded him.

Issues

  1. Whether the prosecution proved beyond reasonable doubt that Serugume Jack died.
  2. Whether the death of Serugume Jack was caused by an unlawful act.
  3. Whether the unlawful act was actuated by malice aforethought.
  4. Whether the accused Hashakimana Fred participated in causing the death of Serugume Jack.
  5. Whether the extra-judicial statement of the accused should be admitted in evidence.
  6. Whether circumstantial evidence was sufficient to establish the guilt of the accused.

Orders

  • The accused Hashakimana Fred (A2) is found guilty of the offence of Murder contrary to sections 188 and 189 of the Penal Code Act.
  • The accused Hashakimana Fred (A2) is convicted of Murder.

Rules and key headnotes

Murder — Burden and Standard of Proof — Proof Beyond Reasonable Doubt
In a criminal trial, the burden of proving the case beyond reasonable doubt rests on the prosecution and does not shift to the accused. The accused can only be convicted on the strength of the prosecution case and not on the weakness of the defence. Proof beyond reasonable doubt does not mean proof beyond a shadow of doubt; the standard is satisfied once all evidence suggesting innocence creates at best a fanciful possibility but not any probability that the accused is innocent.
Murder — Malice Aforethought — Inference from Circumstances
Malice aforethought may be inferred from the circumstances surrounding a homicide, including the nature of the weapon used, the part of the body targeted, the manner in which the weapon was used, and the conduct of the accused before, during and after the incident. Where a victim is beheaded using a sharp object, the targeting of the neck — a vulnerable and sensitive part of the body — supports an inference of malice aforethought.
Common Intention — Section 20 Penal Code Act — Joint Enterprise
Under section 20 of the Penal Code Act, when two or more persons form a common intention to prosecute an unlawful purpose and in prosecution of that purpose an offence is committed of such nature that its commission was a probable consequence of the prosecution of that purpose, each of them is deemed to have committed the offence. An accused who holds down a victim while an accomplice beheads the victim is equally guilty of murder under the doctrine of common intention.
Circumstantial Evidence — Standard of Proof — Closely Knitted Facts
In a case involving circumstantial evidence, the facts must be closely knitted and must bring conviction to the mind of the judge. Before drawing an inference of guilt from circumstantial evidence, the court must be sure that there are no other co-existing circumstances which would weaken or destroy the inference. Circumstantial evidence is capable of proving a proposition with accuracy and is no less probative than direct evidence.
Extra-Judicial Statements — Admissibility — Procedural Irregularities
Where an investigating officer is present in the chamber of a judicial officer during the recording of an extra-judicial statement, this contravenes the guidelines for recording such statements and renders the statement inadmissible. Where an accused alleges assault and threats prior to making an extra-judicial statement, the court should conduct a trial within a trial to determine admissibility even if the defence does not formally object.
Exhibits — Non-Production — Effect on Prosecution Case
The non-production of an exhibit is not necessarily fatal to the prosecution case. Where multiple eyewitnesses testify to the existence and nature of an exhibit, the exhibit is properly documented in an exhibit slip with identifying details, and the exhibit's provenance is established through witness testimony, the failure to tender the physical exhibit does not defeat the prosecution case.
Conduct of Accused — Flight and Concealment — Inference of Guilt
The conduct of an accused person before or after the commission of an offence may give insight into whether he or she participated in the crime. Going into hiding immediately after a murder and remaining concealed until apprehension, combined with leading police to the location of concealed evidence, points to a guilty conscience and supports an inference of participation in the offence.

Legislation cited (5)

Cases cited (12)

  • Sekitoleko v Uganda (1961) EA 531
  • Miller v Minister of Pensions [1947] 2 All ER 72
  • R v Gusambizi s/o Wesonga (1948) EACA 65
  • R v Tubere (1945) 12 EACA 63
  • Uganda v Twinamatisiko (Criminal Session Case No. 70 of 2011)
  • Festo Andora Asenua and Another v Uganda (Supreme Court Criminal Appeal No. 1 of 1998)
  • Teper v R [1952] AC 489
  • Mugambe Francis v Uganda (Court of Appeal Criminal Appeal No. 60 of 2011)
  • Mumbere Julius v Uganda (Supreme Court Criminal Appeal No. 15 of 2014)
  • R v Tubere s/o Ochen (1945) 12 EACA 6
  • Kyalimpa Edward v Uganda (Supreme Court Criminal Appeal No. 10 of 1995)
  • Mbazirasiragi and Another v Uganda (Supreme Court Criminal Appeal No. 7 of 2004)

Full judgment

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

Uganda v Nyayisaba and Another (Criminal Session Case 166 of 2019) [2023] UGHC 68 (2 May 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.