Uganda v Isabirye & Anor (Criminal Session Case No. 73/94) [1994] UGHCCRD 9 (9 December 1994)

Flynote

Criminal law

Case summary

Death of a person was not disputed Unlawfully caused, court held that the deceased died as a result of beatings inflicted upon him during the day by different people from different places and was therefore unlawfully caused. On who caused the death, court held that the accused persons also took part in the beating of the deceased. Court considered the issue of identification by witnesses and held that the accused persons were not strangers to the prosecution witnesses who identified them thus the conditions for identification were favourable. Also, another issue of common intention court held that they had a common intention as they beat him to discipline him. On malice aforethought court held that the intention of the accused was never to kill the deceased but punish him for his mischief when he escaped away from lawful custody.\ and prosecution has not proved that there was malice aforethought involved.

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