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    2013 Ughccrd 34 - 0

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    Baguma Patrick Robert
    The document summarizes a court ruling in Uganda where two accused persons, Alijuna Matia and Tweheyo Semei, were charged with manslaughter for allegedly causing the death of Natukunda Seprian. However, the judge found that the prosecution failed to prove the accused persons participated in the killing and acquitted them.

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    2013 Ughccrd 34 - 0

    Uploaded by

    Baguma Patrick Robert
    3 views3 pages
    The document summarizes a court ruling in Uganda where two accused persons, Alijuna Matia and Tweheyo Semei, were charged with manslaughter for allegedly causing the death of Natukunda Seprian. However, the judge found that the prosecution failed to prove the accused persons participated in the killing and acquitted them.

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    2013-ughccrd-34_0

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    The document summarizes a court ruling in Uganda where two accused persons, Alijuna Matia and Tweheyo Semei, were charged with manslaughter for allegedly causing the death of Natukunda Seprian. However, the judge found that the prosecution failed to prove the accused persons participated in the killing and acquitted them.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3 views3 pages

    2013 Ughccrd 34 - 0

    Uploaded by

    Baguma Patrick Robert
    The document summarizes a court ruling in Uganda where two accused persons, Alijuna Matia and Tweheyo Semei, were charged with manslaughter for allegedly causing the death of Natukunda Seprian. However, the judge found that the prosecution failed to prove the accused persons participated in the killing and acquitted them.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    THE REPUBLIC OF UGANDA

    IN THE HIGH COURT OF UGANDA HOLDEN AT MASINDI


    CRIMINAL CASE NO. 0131 OF 2011

    UGANDA :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR

    VERSUS

    ALIJUNA MATIA & ANOTHER ::::::::::::::::::::::::::::::::::::::: ACCUSED

    RULING

    BEFORE HON. JUSTICE MR. RALPH W. OCHAN – RESIDENT JUDGE

    Alijuna Matia (A1) and Tweheyo Semei (A2) were indicted on the charge of manslaughter
    contrary to section 187(1) and 190 of the Penal Code Act.

    Prosecution alleges that the two accused persons together with one Turyamureeba Amos
    who pleaded guilty in an earlier trial and was sentenced to 7 years, and in the company of
    others still at large during the night of 16th October 2010 at Mburamaizi village in Kibaale
    District caused unlawful death of Natukunda Seprian.

    The accused persons denied the charge. Court accordingly entered a plea of not guilty. A
    full trial followed.

    Ingredients of the offence


    The ingredients of the offence of manslaughter are;
    1. death of a human being
    2. unlawful causation of death
    3. participation of the accused persons in causing the said death

    Burden of proof;
    The burden of proving the 3 ingredients above to the standards laid down in the law, rests
    squarely on the prosecution. They must prove the ingredients beyond reasonable doubt.

    To discharge this burden prosecution adduced evidence from the following witnesses:-
    1. PW1 – Dr. Edward Sabiiti, a Medical Officer, Kagadi Hospital, he carried out a
    postmortem examination report on the body of the deceased Natukunda Seprian on
    the 17th October 2010. He established the cause of death to be internal hemorrhagic
    companied by hemorrhage hypoxicide.
    2. PW2 – Mugisa Moses, a Clinical Officer, Kagadi Hospital. He examined both
    accused persons and found them to be of sound mental status.
    3. PW3 – Amos Turyamureba

    I conducted a preliminary hearing at which the evidence of the two witnesses were
    admitted in evidence under section 66 of the TIA. In the circumstances, I was entitled to
    presume that there was death of a human being, on the evidence of Dr. Edward Sabiiti.
    The first ingredient of the offence, I therefore found was proved to the standard laid down
    in the law.

    unlawful causation of the death; all death of human beings in Uganda are presumed to be
    unlawful except where such death is caused accidentally, under extreme provocation, in
    defence of self and/or property or in execution of a lawful sentence.
    Prosecution relied on the evidence of PW1 Dr. Edward Sabiiti who in his postmortem
    examination report concluded that the death of Natukunda Seprian was caused by the
    rupture of internal organs leading to internal hemorrhage resulting in death.

    On this evidence I find and hold that the death of Natukunda Seprian was caused by an
    unlawful act. This death does not fall in the category of homicide excusable in law above.
    In the circumstances, I find that this ingredient has been proved beyond reasonable doubt.

    Participation of the accused persons:- On the evidence on record, Prosecution has failed to
    make out a prima facie case of participation in the commission of the offence, against the
    accused persons A1 and A2.

    In the circumstances, I find the accused persons have no case to answer. I according
    acquit them and order their immediate release from custody.

    SIGNED
    JUSTICE RALPH W. OCHAN
    10TH SEPTEMBER 2013

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