[2004] UGSC 50
The Supreme Court found that the evidence of the prosecution witnesses, despite their relationship to the deceased, was properly evaluated by both the High Court and the Court of Appeal. The appellant's claim of self-defence and provocation was not supported by credible evidence. The court held that the conviction...
Source-derived case information.
- Citation
- [2004] UGSC 50
- Parties
- Appellant: Bainomugisha Herbert; Respondent: Uganda
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal 20 of 2002
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed; conviction and sentence affirmed
- Judges
- Odoki, CJ, Oder, JSC, Karokora, JSC, Kanyeihamba, JSC, Kato, JSC
- Legal Topics
- Murder, Evidence Evaluation, Witness Credibility, Self Defence, Provocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bainomugisha Herbert
Appellant
Uganda
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the conviction of the appellant for murder was based on credible and reliable evidence.
- 2 Whether the courts below erred in relying on the testimony of related witnesses whose evidence was allegedly discredited.
- 3 Whether the appellant acted in self-defence or under provocation.
Ratio Decidendi
The Supreme Court found that the evidence of the prosecution witnesses, despite their relationship to the deceased, was properly evaluated by both the High Court and the Court of Appeal. The appellant's claim of self-defence and provocation was not supported by credible evidence. The court held that the conviction for murder was based on reliable testimony and that there was no misdirection by the lower courts in their assessment of the witnesses' credibility. Consequently, the appeal lacked merit and was dismissed, confirming both the conviction and the sentence of death.
Court Disposition
appeal dismissed; conviction and sentence affirmed
Orders
- The appeal is dismissed.
- The conviction and sentence of death are confirmed.
Full Case Text
Judgment text and source record
28 paragraphs
# THE REPUBLIC OF UGANDA
$\mathbf{1}$
# IN THE SUPREME COURT OF UGANDA **AT MENGO**
#### CORAM: ODOKI, C. J., ODER, KAROKORA, KANYEIHAMBA. KATO, JJ. S. C.
#### CRIMINAL APPEAL NO. 20 OF 2002
### **BETWEEN**
# BAINOMUGISHA HERBERT ::::::::::::::::::::::::::::::::::::
#### AND
UGANDA :::::::::::::: **RESPONDENT**
[Appeal from the decision of the Court of Appeal given at Kampala by Hon. Mukasa-Kikonyogo, DCJ. Engwau and Twinomujuni, J. J. A. on 8/5/02 in Criminal Appeal No. 20 of 2002].
## JUDGMENT OF THE COURT
The appellant was indicted, tried, convicted and sentenced to death by the High Court at Bushenyi for murder, contrary to sections 183 and 184 of the Penal Code Act
He appealed to the Court of Appeal which dismissed it and confirmed conviction and sentence. Hence this appeal.
The background to this case is that on $4^{th}$ March, 1997, the appellant and his brother, both armed with pangas and accompanied by their mother, went to the home of their father,
Azaria Katsyomezo, which was also the home of his second wrfe and cut him to death while inflicting serious bodily harm to his second wife and her two children, PW 7 and PW 8
L
The appeal to this court was based on two grounds but the appellant, through his counsel abandoned the first ground. Ground 2 as amended reads as follows
"The learned Justices of Appeal misdirected fhemse/yes when they relied on the discredited evidence of PW 6. PW 7 and PW I to u ph old the a ppell a nt's co nvicti on. "
Mr. Stephen Mubiru, counsel for the appellant contended that the evidence of the children of the co-wife should not have been relied upon, especially as that of their mother was clearly discredited by the learned trial judge He further contended that the appellant's evrdence that it was his father who attacked him first should have been believed and the courts below should have found that he killed his father after provocation and in self-defence.
Mrs Betty Khisa, Senior Principal State Attorney and counsel for the respondent supported both the conviction and sentence She argued that the evidence of PW 6, PW 7 and PW8 was properly evaluated by both the High Court and the Court of Appeal and the fact that they were all related to the deceased rs not a reason for rejecting or discrediting their evidence.
Having heard both counsel and examined the record of proceedings, we are satisfied that the appellant was properly convicted. We find no merit in this appeal. It is accordingly dismissed.
Dated at Mengo this 17<sup>th</sup> day of February, 2004.
**B. J. ODOKI CHIEF JUSTICE**
A. H. O. ODER JUSTICE OF THE SUPREME COURT
$\alpha$
A. N. KAROKORA JUSTICE OF THE SUPREME COURT
G. W. KANYEIHAMBA JUSTICE OF THE SUPREME COURT
C. M. KATÓ JUSTICE OF THE SUPREME COURT 3