[1937] EACA 188

[1937] EACA 188

The court held that malice aforethought cannot be established solely by intent to commit a felony under section 189(c) of the Penal Code unless the felony was likely to cause death or grievous harm. The appellant's act of stabbing the deceased was impulsive and lacked homicidal intent or intent to inflict grievous...

Source-derived case information.

Citation
[1937] EACA 188
Parties
Appellant: Kimno Arap Kipturji; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
Cr.A. 138/1934.
Procedural Posture
Criminal Appeal / Appeal From Conviction
Outcome
conviction altered from murder to manslaughter; sentence imposed
Judges
Abrahams CJ, Ag P (Uganda), Bates, J. (Tanganyika), McDougall, Ag. C.J. (Tanganyika)
Legal Topics
Murder, Manslaughter, Malice Aforethought, Unlawful Wounding, Constructive Murder
Source Language
english
Criminal Law Murder Manslaughter Malice Aforethought Unlawful Wounding Constructive Murder

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Summary, issues, holding and outcome

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Parties

Kimno Arap Kipturji

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction

Legal Issues

  1. 1 Whether malice aforethought can be established solely by intent to commit a felony under section 189(c) of the Penal Code.
  2. 2 Whether the appellant's act constituted murder or manslaughter given the absence of intent to kill or cause grievous harm.
  3. 3 How English legal principles on constructive murder apply to the interpretation of the Penal Code.

Ratio Decidendi

The court held that malice aforethought cannot be established solely by intent to commit a felony under section 189(c) of the Penal Code unless the felony was likely to cause death or grievous harm. The appellant's act of stabbing the deceased was impulsive and lacked homicidal intent or intent to inflict grievous harm. English legal authorities do not support the proposition that any felonious act resulting in death automatically constitutes murder. The court distinguished between acts of violence felonious in themselves and those done in the course of furtherance of a felony, concluding that the conviction for murder was not justified. The conviction was altered to manslaughter, and a...

Court Disposition

conviction altered from murder to manslaughter; sentence imposed

Orders

  • Conviction for murder set aside and substituted with conviction for manslaughter.
  • Appellant sentenced to five years imprisonment with hard labour.