guidance notes on the Law on Assaults in Uganda, Summaries of Law

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ASSAULT

lt is an assault at common law when any person intentionally, or recklessly, by active conduct threatens to apply unlawful physical force to the person of another in such a manner as to create in the mind of that other an apprehension that such force is about to be so applied.^1 Common law assault doesn’t require a person to be touched, provided there is fear induced in another person that immediate unlawful force will be applied to him/her. Even if someone moves to you threateningly or uses threatening words, that’s assault at common law. An element of the offence of common assault is lack of consent so that the prosecution has to establish that the offence was committed without consent. S. 225. Excess of force. Any person authorised by law or by the consent of the person injured by him or her to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes the excess. s. 226. Consent. Notwithstanding section 225, consent by a person to the causing of his or her own death or his or her own maim does not affect the criminal responsibility of any person by whom such death or maim is caused. In otherworld’s one cannot consent to being maimed or killed.

1. Common assault. S. 235 of the Penal code Any person who unlawfully assaults another commits a misdemeanour, and, if the assault is not committed in circumstances for which a greater punishment is provided in this Code, is liable to imprisonment for one year. In the Ugandan context, common assault occurs when unlawful physical force is applied on someone e.g. a slap or kick and no bodily harm results from it. As such no medical evidence would have to be adduced. ThreaTS 2. Assaults causing actual bodily harm. S. 236. of the Penal code S.1 (g) of the Penal Code Act, “harm” means any bodily hurt, disease or disorder whether permanent or temporary; On a charge of assault occasioning actual bodily harm, there is need for medical evidence to ascertain the nature of the harm. UGANDA V. EBORU S/O EMEU [1979] H.C.B 169. 3. Doing grievous harm. S 219. of the Penal code (^1) J. W. Cecil Turnek, “Assault At Common Law” (1939) 7 The Cambridge Law Journal,56.

Any person who unlawfully does grievous harm to another commits a felony and is liable to imprisonment for seven years. S.1 (f)“grievous harm” means any harm which amounts to a maim or dangerous harm, or seriously or permanently injures health or which is likely so to injure health, or which extends to permanent disfigurement, or to any permanent or serious injury to any external or internal organ, membrane or sense; s.1 (l) “maim” means the destruction or permanent disabling of any external or internal organ, membrane or sense; (hh) “wound” means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane.

4. Unlawful wounding S. 222. Wounding and similar acts. Any person who— (a) unlawfully wounds another; or (b) unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to or taken by any person, commits a misdemeanour and is liable to imprisonment for three years. s.1 (hh) “wound” means any incision or puncture which divides or pierces any exterior membrane of the body, and any membrane is exterior for the purpose of this definition which can be touched without dividing or piercing any other membrane. 5. Maliciously administering poison with intent to harm. S.221. Any person who, unlawfully and with intent to injure or annoy another, causes any poison or noxious thing to be administered to or taken by any person and thereby endangers his or her life or does him or her some grievous harm commits a felony and is liable to imprisonment for fourteen months.