Uganda v Okiror & Anor (Criminal Session Case No. 20 of 1993) [1994] UGHCCRD 26 (30 September 1994)

Flynote

Criminal law

Case summary

Court placed the burden on the prosecution to prove beyond reasonable doubt that: The person has died. Death was not disputed by defence. Court held that there is no medical evidence as to the circumstances which led to his death but it can be proved by other evidence other than medical evidence even when the body is not recovered. In this case the body was recovered. That his death was unlawfully caused by malice aforethought. Court held that the evidence of the injuries found on the body parts of the injured and the weapons allegedly used in assaulting the deceased does not establish beyond reasonable doubt a common intention to kill the deceased. Consequently, malice aforethought was not proved beyond reasonable doubt. The prosecution had at their disposal the weapons allegedly used in assaulting the deceased but never exhibited them in court. That his death was caused by the accused persons. Court held that there was not enough proof of a common intention to kill the deceased and the accused persons are not guilty of murder.

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