[1935] EACA 75
The court held that the appellant's act of throwing a heavy stone at the deceased during a stock-thieving expedition, which fractured the victim's skull and caused death, amounted to murder. The intention to do grievous harm is presumed under the Penal Code, and the act was committed in the course of a felony...
Source-derived case information.
- Citation
- [1935] EACA 75
- Parties
- Appellant: Keruge Ole Lameloji; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal 179/1934.
- Procedural Posture
- Criminal Appeal / Appeal Dismissal
- Outcome
- appeal_dismissed
- Judges
- Abrahamas, C.J. (Tanganyika), Law, C.J (Zanzibar), Sheridan, J. (C.J. Kenya)
- Legal Topics
- Murder, Manslaughter, Malice Aforethought, Intent to Do Grievous Harm, Felony Involving Violence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Keruge Ole Lameloji
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Dismissal
Legal Issues
- 1 Whether the appellant's act of throwing a stone resulting in death constituted murder under the Penal Code.
- 2 Whether intent to do grievous harm or commission of a felony involving violence satisfies the requirements for murder.
Ratio Decidendi
The court held that the appellant's act of throwing a heavy stone at the deceased during a stock-thieving expedition, which fractured the victim's skull and caused death, amounted to murder. The intention to do grievous harm is presumed under the Penal Code, and the act was committed in the course of a felony involving violence, namely robbery. Both grounds independently satisfy the requirements for murder under the law. The appeal was therefore dismissed.
Court Disposition
appeal_dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
9 paragraphs
## COURT OF APPEAL FOR EASTERN AFRICA.
Before Sir JOSEPH SHERIDAN, J. (C. J. Kenya), ABRAHAMS, C. J. (Tanganyika) and Law, C. J. (Zanzibar).
REX. Respondent (Original Prosecutor)
## KERUGE OLE LAMELOJI, Appellant (Original Accused). Criminal Appeal 179/1934.
- Penal Code (Kenya), sections 185, 186, 189 $(a)$ , $(b)$ and $(c)$ Murder and Manslaughter-Malice aforethought-Intent to do grievous harm—Intent to commit a felony. - Held (15-2-35).-That where the accused, in the course of committing a theft, threw a heavy stone at the deceased which fractured his skull and caused his death, his offence amounted to murder because his intention must be presumed to have been to do grievous harm (sec. 189 (a) (b), and also because the act was done in the course or in furtherance of a felony involving violence. (Kimno Arap Kipturji v. Rex (1934 1 E. A. L. R. 188) followed.)
Appellant absent and unrepresented.
Wallace for Crown.
JUDGMENT.—The appellant and a companion who was acquitted, set out on a stock-thieving expedition. The evidence establishes that the appellant threw two stones "at the people in the boma" to quote from his statement made before the Magistrate, which was produced in evidence before the Supreme Court. One of the stones struck one of the occupants of the boma and killed him and the learned Judge found and in our opinion found correctly that the act amounted to murder as the appellant's intention must be presumed to have been the causing of grievous harm. But we would go further and say that inasmuch as the unlawful act of throwing the stone which resulted in death was done in the course or in the furtherance of robbery, a felony involving violence, teh case is one of murder for that reason alone (vide Rex v. Betts and Ridley (22 Cr. App. Rep. 148) and Rex v. Kimno arap Kipturji (1934) $1$ E. A. L. R. 188).
The appeal is dismissed.