Wakilii

Uganda v Wandubire Clement (Criminal Sessions Case 11 of 1999)

High Court · [2003] UGHC 121 · 2003 Conviction Entered AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial for three counts of murder
Decision
Accused convicted of three counts of murder and sentenced to death with execution to be carried out on Count I only

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court convicted Wandubire Clement of three counts of murder after finding that he unlawfully killed two police officers and a civilian who had come to arrest him. The court rejected the defences of provocation and self-defence, holding that the police were acting lawfully under the Criminal Procedure Code and that the accused's use of deadly force was unjustified. Malice aforethought was established through the accused's intentional use of a deadly weapon. The accused was identified by credible witnesses at the scene and was sentenced to death.

Outcome

Accused convicted of three counts of murder and sentenced to death with execution to be carried out on Count I only

Facts

On 21 September 1998 at Kimaluri village, Mbale District, police officers SGT Eruket (No. 18655) and P.C. Ojok (No. 29890) accompanied John William Musungu and his son Wafula Peter to arrest the accused in connection with a complaint of malicious damage to property. The officers arrived at approximately 6:00 a.m. and identified themselves to the accused but he refused to open the door. Assistance was sought from the local LC I chairperson but the accused still refused entry. When SGT Eruket attempted to force the door open, the accused attacked him, severing his left hand and taking his gun. The accused then shot and killed SGT Eruket, P.C. Ojok, and John William Musungu. The accused was later found at Bunambukye Primary School with the deceased officer's gun and was disarmed by Cpl Ojotim Sam.

Issues

  1. Whether the three persons alleged to have been killed were actually dead.
  2. Whether their deaths were unlawfully caused.
  3. Whether there was malice aforethought.
  4. Whether it was the accused person who was responsible for the killings.
  5. Whether the defences of provocation and self-defence were available to the accused.

Orders

  • Accused found guilty and convicted of murder on Count I under sections 183 and 184 of the Penal Code Act.
  • Accused found guilty and convicted of murder on Count II under sections 183 and 184 of the Penal Code Act.
  • Accused found guilty and convicted of murder on Count III under sections 183 and 184 of the Penal Code Act.
  • Accused sentenced to suffer death on Count I.
  • Accused sentenced to suffer death on Count II (suspended).
  • Accused sentenced to suffer death on Count III (suspended).
  • Right of appeal within 14 days explained to the accused.

Rules and key headnotes

Murder — Elements — Ingredients to be Proved by Prosecution
In a prosecution for murder, the prosecution bears the unshifting burden of proving that the deceased persons are dead, that their death was unlawfully caused, that there was malice aforethought, and that it was the accused person who was responsible.
Homicide — Unlawful Killing — Presumption of Unlawfulness
In all homicide cases, unless the death is caused accidentally or is justifiable, the law presumes it as having been unlawfully caused.
Self-Defence — Conditions for Availability — Attack Must be Unlawful
For the defence of self-defence to succeed, there must be an unlawful attack on the accused, the accused must reasonably believe he is in imminent danger of death or serious bodily harm, he must believe it necessary to use force to repel the attack, and the force used must be reasonably necessary in the circumstances.
Self-Defence — Police Acting Lawfully Under Criminal Procedure Code
Where police officers are acting lawfully in seeking to gain entry by force and apprehend a suspect under section 16 of the Criminal Procedure Code, an attack on them does not constitute self-defence and the defence is not available to the accused.
Provocation — Requirements — Sudden and in Heat of Passion
For the defence of provocation to succeed, the death must be caused in the heat of passion before there is time for the accused to cool, the provocation must be caused by a wrongful act or insult, the provocation must be sudden, and the wrongful act or insult must be of such nature as would be likely to deprive an ordinary person of the power of control.
Murder — Malice Aforethought — Intention Inferred from Use of Deadly Weapon
Where an accused cuts and shoots deceased persons using deadly weapons in circumstances where provocation and self-defence have been ruled out, the court may properly infer that the accused intended to kill and that malice aforethought is established.
Identification — Daylight — Favourable Conditions — Rejection of Alibi
Where identification takes place in daylight under favourable conditions and the incident takes long enough to rule out any possibility of error, an alibi defence may be rejected where the prosecution evidence inextricably places the accused at the scene and fully connects him with the commission of the offence.

Legislation cited (5)

Cases cited (18)

  • Mdiu Mande alias Vwambwa Mande v Republic [1965] EA
  • Uganda v Aramanzani Mubiru [1996] HCB 35
  • Uganda v Dic Ojok [1992-1993] HCB 54
  • Gusambi z/o Wesonga v R [1948] 15 EACA 65
  • Uganda -vs- Kulabako Night Corner Criminal Session Case No 61/91 (unreported)
  • Oloo s/o Gai v R [1960] EA 86
  • Manzi Memuri v R [1964] EA 289
  • Palmer v R [1971] All ER 1077
  • Ojepan Ignatious -vs- Uganda S.C. Criminal Appeal No 257/97 (unreported)
  • Uganda v Sebastiano Otti [1994-1995] HCB 21
  • Sowedi Ndosire v Uganda [1992-1993] HCB 27
  • Kato Gabriel -vs- Uganda Crim. Appeal No. 13 of 1999 C.A (unreported)
  • Uganda v John Ochiengs [1992-1993] HCB 80
  • Uganda -vs- Mohamed & among others
  • Lenton s/o Mkirila v Republic [1963] EA 9
  • Kasunda Fred -vs- Uganda Crim Appeal no 14 of 1998 S.C. (unreported)
  • Bogere & Anor -vs- Uganda Crim. Appeal No. 1 of 1997 S.C. (unreported)
  • Rex v Tabulavenka s/o Kirya [1941] 10 EACA 5

Full judgment

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Uganda v Wandubire Clement (Criminal Sessions Case 11 of 1999) [2003] UGHC 121 (20 January 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.