Wakilii

Uganda v Ujiga & Ors (Criminal Sessions Case No. 0014 of 2018)

High Court · [2018] UGHCCRD 72 · 2018 Five Sentenced to Death; Two Imprisoned AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal prosecution for murder following mob killing of person accused of witchcraft
Decision
Five accused sentenced to death; two accused sentenced to 43 years and 9 months' imprisonment after deducting remand period; two accused acquitted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that five accused persons participated in a mob killing actuated by malice aforethought and were convicted of murder under Penal Code Act sections 188 and 189. Two accused who pleaded guilty were sentenced to 43 years and 9 months' imprisonment after deducting remand time. Five accused who stood trial and were convicted were sentenced to death, the court finding this a rare case of exceptional brutality involving premeditated killing, mutilation, and burning of the victim's body. Two accused were acquitted for lack of evidence.

Outcome

Five accused sentenced to death; two accused sentenced to 43 years and 9 months' imprisonment after deducting remand period; two accused acquitted

Facts

On 6 October 2016 at Opiro village, Moyo District, a meeting was convened to address rumours that the deceased Dramari Francis practiced witchcraft. During the meeting, youths became rowdy, slapped elderly women, and disrupted proceedings. When cultural leaders and the deceased attempted to leave, approximately twenty youths led by the accused intercepted them and forced the deceased back to the venue. The mob assaulted him with sticks, kicks, and punches as they led him to his home. At his home, one accused cut him on the head with an axe. Dry grass was pulled from the thatching of his houses, piled on his body, and set alight. Three of his houses were also burned. The deceased's body was burnt to cinders. Police arrived to find the houses and body already on fire. Nine accused were arrested at various times thereafter.

Issues

  1. Whether the death of Dramari Francis was proved beyond reasonable doubt.
  2. Whether the death was caused by an unlawful act.
  3. Whether the unlawful act was actuated by malice aforethought.
  4. Whether each accused participated in causing the unlawful death.
  5. Whether the identification evidence against each accused was reliable and free from error.
  6. Whether all accused who participated at different phases of a continuous assault can be held liable for murder under the doctrine of common intention.
  7. What sentence is appropriate for each convict.

Orders

  • A3 Kinya Henry acquitted as having no case to answer.
  • A1 Ujiga Dominic acquitted as having no case to answer.
  • A2 Vukoni Charles convicted of murder contrary to sections 188 and 189 of the Penal Code Act.
  • A4 Lejigo Pascal convicted of murder contrary to sections 188 and 189 of the Penal Code Act.
  • A5 Mali Augustine convicted of murder on own plea of guilty.
  • A6 Amamaru Christopher convicted of murder contrary to sections 188 and 189 of the Penal Code Act.
  • A7 Dralaghu Christopher convicted of murder contrary to sections 188 and 189 of the Penal Code Act.
  • A8 Ambayo Paul convicted of murder contrary to sections 188 and 189 of the Penal Code Act.
  • A9 Obulejo Patrick convicted of murder on own plea of guilty.
  • A5 Mali Augustine sentenced to 43 years and 9 months' imprisonment, with remand period of 1 year and 3 months deducted.
  • A9 Obulejo Patrick sentenced to 43 years and 9 months' imprisonment, with remand period of 1 year and 3 months deducted.
  • A2 Vukoni Charles sentenced to death.
  • A4 Lejigo Pascal sentenced to death.
  • A6 Amamaru Christopher sentenced to death.
  • A7 Dralaghu Christopher sentenced to death.
  • A8 Ambayo Paul sentenced to death.
  • All convicts advised of right of appeal within fourteen days.

Rules and key headnotes

Murder — Elements — Proof of Death, Unlawful Act, Malice Aforethought, and Participation
For a conviction of murder, the prosecution must prove beyond reasonable doubt: (1) that death of a human being occurred; (2) that the death was caused by an unlawful act; (3) that the unlawful act was actuated by malice aforethought; and (4) that it was the accused who caused the unlawful death.
Common Intention — Joint Criminal Enterprise — Section 20 Penal Code Act
When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of that purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of that purpose, each of them is deemed to have committed the offence regardless of who struck the fatal blow.
Criminal Transaction — Continuity of Action — Assault Leading to Death
Where acts whether they occurred at the same time and place or at different times and places are so interconnected and connected with the final outcome, they will be deemed to form part of the same transaction. Where a killing is committed during what may be said to be a continuous orgy, any of the accused who took any significant part in the process is deemed to have committed the offence, and the distinction as to who participated at what phase becomes irrelevant.
Identification Evidence — Recognition — Dangers and Requirements
In circumstances involving identification evidence taken during considerable commotion attendant to mob justice, the court must first warn itself of the likely dangers of acting on such evidence and only do so after being satisfied that correct identification was made which is free of error or mistake. The court must consider whether the witnesses were familiar with the accused, whether there was light to aid visual identification, the length of time taken by the witnesses to observe and identify the accused, and the proximity of the witnesses to the accused at the time of observation.
Police Statements — Use for Impeachment — Not Substantive Evidence
Although a witness's statement to police is inadmissible as substantive evidence, it may be used to confront the witness with contradictions under section 154(c) of the Evidence Act. A previous statement used to contradict a witness does not become substantive evidence but merely serves the purpose of throwing doubt on the veracity of the witness. Where a police statement is used to impeach credibility and is proved contradictory to testimony, the court will prefer the witness's evidence tested by cross-examination over the police statement.
Sentencing — Death Penalty — Rarest of Rare Cases — Exceptional Circumstances
Under Regulation 17 of the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013, the court may only pass a sentence of death in exceptional circumstances in the rarest of rare cases where the alternative of imprisonment for life or other custodial sentence is demonstrably inadequate. Examples include cases of deliberate, premeditated killing involving use of deadly weapons in a manner reflective of wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind that has no regard for the sanctity of life.
Sentencing — Plea of Guilty — Mitigation of Death Sentence
Under Regulation 21(e) of the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013, a plea of guilty is a factor to be taken into account as mitigation for offences punishable by death and may reduce what would otherwise be a death sentence to a custodial sentence.

Legislation cited (12)

Cases cited (8)

  • Ssekitoleko v Uganda [1967] EA 531
  • Miller v Minister of Pensions [1947] 2 ALL ER 372
  • Abdalla Bin Wendo v R (1953) 20 EACA 106
  • Roria v R [1967] EA 583
  • Abdalla Nabulere and two others v Uganda [1975] HCB 77
  • Chemonges Fred v Uganda (Supreme Court Criminal Appeal No. 12 of 2001)
  • Ninsiima v Uganda (Court of Appeal Criminal Appeal No. 180 of 2010)
  • Mugabe v Uganda (Court of Appeal Criminal Appeal No. 412 of 2009)

Full judgment

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

Uganda v Ujiga & Ors (Criminal Sessions Case No. 0014 of 2018) [2018] UGHCCRD 72 (9 March 2018)
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.