The court held that the members of the gang shared a common purpose to attack Ugandan soldiers in the forest and to loot as was stated in the extra judicial statement made by the accused at the bar. The purpose was to be achieved by subduing and overcoming with violence any resistance by the Ugandan soldiers in order to effect the purpose. There can be no doubt that murder was a probable consequence of the prosecution of that common purpose. In view of the nature and circumstances of the planned attack, the inference was irresistible that all the deceased persons were murdered in the prosecution of the planned purpose. In those circumstances each member of the gang was guilty of murder.
The court further noted that there was no evidence on record to show that the accused at the bar was not at any moment during the attack on Bwindi-Buhoma and during the retreat therefrom under instant threat or grievious bodily harm. But even if such threat existed there was ample evidence that there were plenty of avenues of escape if any member of the gang so desired.
Criminal Law; murder; extrajudicial killings; common purpose.
On 1 March 1999 at about 6:45 a.m. a large group of armed men suspected to have been INTERAHAMWE (members of the Former Rwanda Army of the Late President Habyarimana) attacked Tourist Camps at Bwindi Buhoma in the Impenetrable Forest National Park, firing guns and destroying property. They set ablaze a number of structures and vehicles. They were also armed with machetes and axes. The gang proceeded to attack Ugandan soldiers in the forest and to loot arms resulting in the accused proceeding to kill 9 people including a Ugandan national.
The accused was found guilty of murder.
When one or more persons form a common intention to pursue an unlawful purpose in conjunction with one another, and in prosecution of that purpose an offence is committed of such a nature that its commission was a probable consequence of the pursuance of that purpose, each of them is deemed to have committed the offence.