[1937] EACA 157

[1937] EACA 157

The court found that there was no evidence that the accused provoked the deceased to assault him with the intention of taking advantage of that assault to kill or wound the deceased. The law, as stated in Stephen's Digest and Archbold, provides that homicide is not murder but manslaughter if committed in the heat of passion caused by provocation, unless the provocation was sought or voluntarily provoked as an excuse for killing. The trial judge had stated the law too unqualifiedly, and the evidence did not suggest any express malice or that the accused sought the provocation. Therefore, the conviction for murder was quashed and substituted with a conviction for manslaughter.

Citation
[1937] EACA 157
Parties
Appellant: Mberu Ole Legure; Respondent: Rex
Court
East African Court of Appeal
Jurisdiction
Uganda
Judgment Date
1 January 1937
Case Number
Cr.A. 58/1934.
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence for Murder
Outcome
conviction for murder quashed; conviction for manslaughter substituted; sentence of ten years' imprisonment with hard labour imposed
Judges
Abrahams CJ, Ag P (Uganda), Lucie-Smith Ag CJ (Kenya), Webb, J
Legal Topics
Provocation, Manslaughter, Murder, Penal Code Section 192
Source Language
English
Criminal Law Provocation Manslaughter Murder Penal Code Section 192

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mberu Ole Legure

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence for Murder

Legal Issues

  1. 1 Whether the appellant received such provocation as should reduce his crime from murder to manslaughter.
  2. 2 Whether there was evidence that the accused provoked the deceased to assault him with the intention of taking advantage of that assault to kill or wound the deceased.

Ratio Decidendi

The court found that there was no evidence that the accused provoked the deceased to assault him with the intention of taking advantage of that assault to kill or wound the deceased. The law, as stated in Stephen's Digest and Archbold, provides that homicide is not murder but manslaughter if committed in the heat of passion caused by provocation, unless the provocation was sought or voluntarily provoked as an excuse for killing. The trial judge had stated the law too unqualifiedly, and the evidence did not suggest any express malice or that the accused sought the provocation. Therefore, the conviction for murder was quashed and substituted with a conviction for manslaughter.

Court Disposition

conviction for murder quashed; conviction for manslaughter substituted; sentence of ten years' imprisonment with hard labour imposed

Orders

  • Conviction for murder quashed.
  • Accused convicted of manslaughter.