Wakilii

Uganda v Oyat Martin (High Court Criminal Session Case No. 80 of 2002)

High Court · [2003] UGHC 68 · 2003 Conviction Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal prosecution for murder following death of victim initially charged as attempted murder
Decision
Accused convicted of murder and sentenced to death

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted PC Oyat Martin of murder and sentenced him to death. The court found that the accused, a police officer on night patrol, shot and killed a university student at close range with an AK-47 rifle. Malice aforethought was inferred from the use of a deadly weapon at close range on a vulnerable part of the body of a victim lying on the ground. Circumstantial evidence placed the accused at the scene: his gun bore soot from recent firing, his magazine was short two rounds, and a spent cartridge recovered from the scene was capable of having been discharged from his weapon.

Outcome

Accused convicted of murder and sentenced to death

Facts

On the night of 26 July 2001, the deceased Babigumira George, a Makerere University student, was at Bata Mini Price Stage along Ben Kiwanuka Street in Kampala with his friend Can Mark Lain. A group of six men, including one wearing a long coat and carrying a gun, chased, pushed, and kicked the deceased. The deceased fell to the ground at the exit of Shell Petrol Station. While lying down, he was shot through the left chest at close range. He was rushed to Mulago Hospital where he died on 28 July 2001. The accused, PC Oyat Martin (No. 33054), was a police officer on night patrol duty that evening. He had been issued an AK-47 rifle (No. 56-31006393) with 30 rounds of ammunition. Shortly after the shooting, the accused was found at the scene by CPL Amandi Manson, who observed him standing near the victim with his rifle. Later that night, when the accused's weapon was examined at Central Police Station, it bore soot consistent with recent firing, and his magazine contained only 28 rounds. A spent cartridge recovered from the scene was found capable of having been discharged from the accused's rifle.

Issues

  1. Whether the deceased Babigumira George is dead.
  2. Whether the death of the deceased was unlawfully caused.
  3. Whether the unlawful act causing death was accompanied by malice aforethought.
  4. Whether the unlawful act was committed or participated in by the accused.

Orders

  • PC Oyat Martin convicted of murder contrary to section 183 of the Penal Code Act.
  • PC Oyat Martin sentenced to death in the manner authorised by law.
  • Right of appeal to the Court of Appeal of Uganda within 14 days explained to the convict.

Rules and key headnotes

Murder — Essential Ingredients — Burden of Proof
To secure a conviction for murder, the prosecution must prove beyond reasonable doubt: (i) that a human being is dead; (ii) that death resulted from an unlawful act; (iii) that the unlawful act was accompanied by malice aforethought; and (iv) that the unlawful act was committed or participated in by the accused. The burden of proof rests on the prosecution throughout and never shifts to the defence.
Murder — Malice Aforethought — Inference from Circumstances
Malice aforethought may be inferred from the nature of the weapon used, the manner in which it is used, the parts of the body affected, and the conduct of the assailant before and after the act. Where a deadly weapon is used savagely, or where vulnerable parts of the body are affected, malice aforethought will be more readily inferred.
Murder — Deadly Weapon — Proof Required
A gun cannot be considered a deadly weapon unless it is proved that at the particular time it was loaded and capable of discharging a bullet. If a gun is fired, the court has no difficulty in holding that it is a deadly weapon.
Circumstantial Evidence — Standard of Proof
Where the evidence is circumstantial, it must be such that it produces moral certainty beyond reasonable doubt that it is the accused person who committed the crime. Circumstantial evidence must point irresistibly to the accused, be inconsistent with the innocence of the accused, and be incapable of explanation upon any other reasonable hypothesis than that of guilt.
Circumstantial Evidence — Duty of Court
When dealing with circumstantial evidence, it is the duty of the court to consider every possible set of circumstances and examine every other reasonable possibility, testing each against the evidence. The court must ensure that whatever inferences are made, there is no reasonable explanation other than the guilt of the accused.
Defence of Alibi — Burden of Proof
When an accused person raises a defence of alibi, he does not assume the responsibility of proving it. It is the duty of the prosecution to adduce evidence which will destroy the alibi by placing the accused at the scene of crime at the material time to the required standard of proof. The court must evaluate the evidence as a whole, considering both the prosecution version and the accused's version.
Assessors' Opinions — When Court May Differ
A trial judge is not bound to follow the opinions of the assessors. Where the assessors' opinions are based upon a clear misconception of the law or facts, the trial judge is entitled to differ, giving reasons for doing so.

Legislation cited (5)

Cases cited (17)

  • Woolmington v DPP [1935] AC 462
  • Sekitoleko v Uganda (1967) EA 531
  • Oketh Okale v R (1965) EA 553
  • Uganda v Aramanzani Mubiru (1996) HCB 35
  • R v Tubere s/o Ochen (1945) 12 EACA 64
  • Moses Kayondo v Uganda (Supreme Court Criminal Appeal No. 11 of 1992)
  • Otim Gabriel Ogola v Uganda (Supreme Court Criminal Appeal No. 16 of 1993)
  • Uganda v Kamusini s/o Seku (1976) HCB 159
  • Charles Kayemba v Uganda (1985) HCB 9
  • Uganda v Stephen Mawa alias Matua (1992-93) HCB 65
  • AZ Rubashoka v Uganda (1971) IULR 17
  • Sharmpal Singh v R (1960) EA 762
  • Simon Musoke v R (1958) EA 715
  • Teper v R [1952] AC 480
  • Charles Komiwswa v Uganda (1979) HCB 86
  • Kaguda Fred v Uganda (Supreme Court Criminal Appeal No. 14 of 1998)
  • Bogere Moses v Uganda (Supreme Court Criminal Appeal No. 1 of 1997)

Full judgment

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Uganda v Oyat Martin (High Court Criminal Session Case No. 80 of 2002) [2003] UGHC 68 (17 September 2003)
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.