Penal Code Act Cap 128 Flashcards
(30 cards)
What is the offence under Provision 218 of the Penal Code Act?
Common assault.
What are the ingredients of common assault under Provision 218?
- Unlawfully assaults another person.
- No serious bodily harm caused.
- No aggravating circumstances for which a greater punishment is provided in the Code.
What is the punishment for common assault?
Up to 1 year imprisonment.
In Mutabingwa Simeo v Uganda, why was the conviction for causing grievous harm reduced to common assault?
The medical report proving grievous harm was improperly admitted in court (doctor didn’t testify, violating evidence rules). Without that evidence, the court couldn’t prove grievous harm, but there was still enough evidence to show an assault occurred, so the conviction was reduced to common assault. Basically, they proved assault, just not the level of harm required for “grievous harm.”
In Uganda v Kamukama, why was the murder charge reduced to common assault, despite the victim’s death?
The prosecution couldn’t prove intent to kill (malice aforethought) or a direct link between the accused’s assault (hitting her with a bottle) and the victim’s eventual death in the hospital. Because they couldn’t prove how the bottle injury led to death, they could only prove the initial unlawful force (the assault itself), which constitutes common assault. Essentially, they proved an assault happened, but not that it caused the death.
What are some factors that make an assault more serious than “common assault” and lead to harsher punishments?
Several factors can increase the severity of an assault:
Actual Bodily Harm: Assault causing injuries beyond minor/trivial harm (cuts, bruises needing medical help).
Weapon Used: Using any weapon during the assault.
Grievous Harm: Inflicting very serious injuries.
Target is an Official: Assaulting police officers or other officials.
Intent to Rob: Assault committed during a robbery.
Sexual Nature: Any assault that is sexual in nature.
What is the offence under Provision 219 of the Penal Code Act?
Assaults causing actual bodily harm.
What are the ingredients of assaults causing actual bodily harm under Provision 219?
1.Unlawfully assaults another person.
2.Causes actual bodily harm (e.g., cuts, bruises, injuries requiring medical attention).
What is the punishment for assaults causing actual bodily harm?
Up to 5 years imprisonment.
In Uganda v Karibu, why was the accused convicted of assault causing actual bodily harm instead of rape?
The court lacked sufficient evidence to prove sexual intercourse (necessary for a rape conviction). However, the medical report and the accused’s own admission confirmed he assaulted the victim, causing actual bodily harm (bruises, swollen breast). Therefore, he was convicted of assault causing actual bodily harm, not rape.
What is the offence under Provision 220 of the Penal Code Act?
Assaults on persons protecting wreck.
What are the ingredients of assaults on persons protecting wreck under Provision 220?
Assaults, strikes, or wounds (physically harms).
The victim must be a magistrate, officer, or lawfully authorized person.
The act must occur in a protected situation involving a vessel in distress, a wrecked vessel, or goods from such situations.
What is the punishment for assaults on persons protecting wreck (S220)?
Imprisonment for up to 7 years.
What is the offence under Provision 221(a) of the Penal Code Act?
Assaults a person with intent to commit a felony or resist arrest.
What are the ingredients of assaults under Provision 221(a) (Assaults a person with intent to commit a felony or resist arrest.)?
Application of unlawful force or threat of force.
Intent to commit a felony or prevent arrest.
Occurrence during lawful arrest or detention attempt.
Participation in the assault to assist another person.
What is the punishment for Provision 221(a) (Assaults a person with intent to commit a felony or resist arrest.)?
Imprisonment for up to 2 years.
What is the offence under Provision 221(b) of the Penal Code Act?
Assaults, resists, or obstructs a police officer on duty.
What are the ingredients of assaults under Provision 221(b) (Assaults, resists, or obstructs a police officer on duty.)?
Unlawful assault, resistance, or obstruction.
Directed at a police officer or someone assisting them.
The officer must be acting in the due execution of duty.
The act must be willful (intentional).
Lack of lawful justification or excuse.
What is the punishment for Provision 221(b) (Assaults, resists, or obstructs a police officer on duty.)?
Imprisonment for up to 2 years.
What is the offence under Provision 221(c) of the Penal Code Act?
Assaults in connection with wage disputes, trade, business, or manufacture.
What are the ingredients of assaults under Provision 221(c) (Assaults in connection with wage disputes, trade, business, or manufacture.)
Unlawful assault.
Linked to an unlawful combination or conspiracy.
Purpose of the conspiracy involves raising wages unlawfully, influencing trade or manufacture, or targeting individuals in business.
Intent and knowledge of the act.
Lack of lawful justification or excuse.
What is the punishment for Provision 221(c) (Assaults in connection with wage disputes, trade, business, or manufacture.)
Imprisonment for up to 2 years.
What is the offence under Provision 221(d) of the Penal Code Act?
Assaults, resists, or obstructs a person executing a lawful court process or distress order.
What are the ingredients of assaults under Provision 221(d) (Assaults, resists, or obstructs a person executing a lawful court process or distress order.)?
Assault, resistance, or obstruction.
The victim must have been engaged in lawful execution of a process or distress.
Intent to rescue property lawfully taken.
Property must have been lawfully taken under process or distress.
Lack of lawful justification or excuse.
