Scribd
Upload
638 views10 pages

Offences Against Morality & Persons

This document discusses various offences against the person under Ugandan law, including non-fatal offences (assault, battery), fatal offences (murder, manslaughter), and sexual offences (rape, defilement, indecent assault, elopement, adultery). It provides definitions and elements of these offences, relevant cases, and punishments.

Uploaded by

Agaba Calvene
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
638 views10 pages

Offences Against Morality & Persons

This document discusses various offences against the person under Ugandan law, including non-fatal offences (assault, battery), fatal offences (murder, manslaughter), and sexual offences (rape, defilement, indecent assault, elopement, adultery). It provides definitions and elements of these offences, relevant cases, and punishments.

Uploaded by

Agaba Calvene
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 10

Offences against the person

There are various offences against the person and these are divided into fatal, non-fatal
and sexual offences. Non fatal offences constitute assault and battery, fatal constitute
murder and manslaughter.

Assault
1. What is assault?

2. What are the ingredients of assault?

3. What would be the appropriate test for the offence of assault?

4. Briefly discuss the relevance of the requirement of medical evidence in relation to


assault.

What is the punishment for the offence of assault?

Cases
 Constanza’s case (1997) Crim.law R 57
 Kwaku Mensah v. R [1946] AC 83
 Fairclough vs. Whipp [1941]1. AELR 734
 Tuberville vs. Savage

Aggravated Assault

1. What is Aggravated assault?

2. What are the most common offences of aggravated assault?

3. What is the relevance of requirement of medical evidence in relation to aggravated


assault?
Cases
 Uganda v. Juma [1983] H.C.B 14
 Uganda v. William Izingoza [1986] H.C.B 38
 Cha-Fook [199]) 2 Aellr 552
 Kabali Anthony v. Uganda H.C.C.A 32/04, on assault occasioning actual bodily
harm c/s 236 penal code Act-defense of property-whether defense available.

Murder
1. What is murder?

2. What is the penalty for murder?

3. On whom does the burden of proof lie in murder?


 Woolmington v. Dpp[1935] AC 462
 Uganda vs. Aggrey Kiyingi and othrs crim case no. 30 of 2006

4. In relation to murder, what is malice aforethought?

5. Mention some defenses available to a charge of murder.

6. What is the actus reus for the offence of murder?

7. What is the proof of malice aforethought in murder?

 Moloney [1985] AC 905 or [1985] Aellr 105


 Uganda v. Musana and 2 others [1985] H.C.B 20
 Sentongo and another v. Uganda [1975] H.C.B 239
 Uganda v. Muherwa [1972] E.A 466.

8. When is self defense a justifiable defense in the case of murder?


 Uganda v. Wabwire Bulowozo [1976] H.C.B 45

9. What amounts to provocation?


 S.193 penal code Act

10. What is the test of defense of provocation?

 Duffy’s case [1949]1 AELLR 392


 Byabagambi Gabriel v. Uganda SCCA 16/02, on whether defense of self defense
and provocation are available simultaneously

11. What is the sentence for child offenders of murder?

 Birembo Sebastian and anr vs. Uganda SCCA 20/2001 on whether an offender
below 18yrs is not liable to suffer death.
 S.95 Children’s Statute

Manslaughter

1. What is manslaughter?

2. What is the cognate offence of murder?

 Uganda vs. Kigutu David (Crim. Case no 307 of 2010)[2011] UGHC 3(12th Jan
2011)
 Byabagambi Gabriel vs. Uganda SCCA 16/02

3. What is the penalty for manslaughter?

4. Briefly discuss the difference between the two generic types of manslaughter.
5. Differentiate between murder and manslaughter.

Offences against morality

Rape

1. What do you understand by the term rape?

2. Who can commit rape?

3. Outline the ingredients of rape.

4. Who can be a victim of rape?

a) A male of 50 years?

b) A female of 14 years?

c) A female above the age of 18?

d) None of the above

5. Explain the meaning of carnal knowledge.

6. How is penetration proved in the offence of rape?


 Uganda vs. Odwong Dennis and Olanya Dickson [1992-1993] H.C.B 71

7. What is the actus reus of rape?


 Corbett vs. Corbett [1970] 2 Aellr on lack of consent in rape
8. Can the following be victims of rape? Why or why not. Briefly explain.

a) Some one who is asleep?

b) Someone who is unconscious?

c) Someone who is mentally deficient?

d) None of the above?

 Howard [1965]3 Aellr 684, on proof of rape


 Uganda vs. Kiiza, on penetration. Whether sufficient enough to sustain a
conviction in a sexual offence

9. What is the mens rea for rape?


 Kaitamaki v. R [1984]2 Aller 435
 Uganda vs. Abel Ochan [1972] U.G.L.R 13

Defilement

1. What is meant by defilement?

2. Who can be a victim of defilement?

a) A girl child?
b) A boy child?
c) A person above 18 yrs?
d) None of the above?

3. Mention the ingredients of defilement.


 Agaya Robert v. Uganda criminal Appeal No 18/2000
4. What is the difference between defilement and aggravated defilement?

5. Who of the following can be a principle offender in a defilement case?

a) The doctor who examines the patient?


b) The persons who commit the act or omission?
c) Persons who aid the defilement act?
d) (b) and (c)?
e) None of the above?

6. What is the punishment for defilement?

7. What is the punishment for attempted defilement?

8. How is penetration proved in defilement cases?

(a) Rapture of hymen?

b) A medical report?

c) Through bleeding?

d) None of the above?

 Uganda vs. Stephen Mubengera [1994-95] H.C.B 28, held that one doesn’t need
to establish the rapture of the hymen to establish sexual intercourse
 Uganda v. Photo Moringi[1996] H.C.B

7. How is the compensation amount determined for defilement victims?


Aggravated defilement

1. What is aggravated defilement?

2. Who can be a victim of aggravated defilement?.


a) A married woman?
b) A child of 17 years?
c) A child of 14 years?
d) A child below 14 years?
e) None of the above?

3. Under what circumstances can aggravated defilement be committed?

4. What is the punishment for the offence of aggravated defilement?

5. What is the punishment for attempted aggravated defilement?

6. What is the standard of proof in aggravated defilement case?

 Uganda vs. Kakooza Abdu alias Kiyaga. Crim. Case no. 0398 of 2010 UGHC1(11
Jan 2011)

Indecent assault

1. What is indecent assault?

2. Who can be a victim of indecent assault?

3. What is the punishment for indecent assault?

4. What are the ingredients of indecent assault?


5. What is the difference between assault and indecent assault?

6. When is an assault indecent?

 Hamisi v. Uganda[1972] E.A 367


 Uganda v. Okot Zake [1994-95] H.C.B 42
 R. vs Culgan[1898] 19 N.S.W 160, on what must constitute indecent assault
 R. vs Coombes[1961] C.L.R 5, held that a light touch with a hand on a woman’s
back was an indecent assault because of the accompanying utterances
 Mayombwe Charles vs. Uganda HCCA 34/03. Held that indecent assault consists
of a hostile indecent act by the accused.

Elopement
1. What is elopement?
 Ug vs. Bampeijo and anr[1991] H.C.B 1

2. Choose the two major ingredients of elopement.

a) One must be married

b) Even though not married, if the couple had been cohabiting for ten years.

c) Proof of running away

d) Proof of sexual intercourse

e) Ignorance of marriage status is put into consideration

3. To whom does compensation lie in cases of elopement?


a) The aggrieved spouse?

b) The aggrieved spouse’s parents?

c) The aggrieved spouse and parents?

4. What are the possible defenses for the offence of elopement?

5. What is the punishment for elopement?

6. State the difference between elopement and adultery?

 Uganda v. Rukwandura [1973] E.A 574


 Uganda v. Ojok and anr [1973] E.A 489
 Uganda v. Wadada [1972] H.C.B 66

Adultery
1. Define what is meant by the term adultery.

2. Who can commit adultery?


a) A married man with married woman?
b) A married man with unmarried woman?
c) A married woman with married man?
d) Unmarried woman with unmarried man?
e) Unmarried woman with married man?
3. What is the difference created by the law in the offence of adultery between men and
women?
4. Which of the following statements are true?
a) It is a matter of law that evidence in cases of adultery be corroborated
b) It is a matter of practice that evidence in cases of adultery be corroborated
c) Only the promiscuous spouse and accomplice are prosecuted
5. What are the ingredients for the offence of adultery?
6. What is the standard of proof in adultery cases?
7. On whom does the burden of proof lie?
 Davis v. D.P.P [1954] 1 Aller 507
 Alayi v. Uganda [1967] E.A 596
 Law Advocacy for women in Uganda v. Attorney General- Constitutional
Petitions no.13/05/ and 05/06 [2007] UGCC1 (5th April 2007)

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy