IS IT "MURDER" IF SOMEONE IS KILLED BY A CAR?.

Kabaati has just been arrested, and he is on his way to the police cell. What happened is that he bought a new car today from the bond, and he was driving out, he was rammed by another car. When the owner of the other car came out to escape on foot, Kabaati tried to block him and instead knocked him and the poor man died. Police arrived and arrested him. They have told him that he is going to be charged with murder. One of the people who was in the car with Kabaati wants to know if this is not a traffic offence.

What does the law say ?.

It is not true that every time a death occurs, it is a case of murder. First, it is illegal to take another person's life without lawful justification. For example, if you take someone's life because you were defending yourself, it would mean you have a lawful justification called "Self Defense".

Usually, when a person is killed by a motor vehicle on the road, it is a traffic offence. This means that when a person causes the death of another by knocking the person because of recklessly driving a car. If a person is found guilty of this, then the person can be punished with imprisonment of up to ten years.

On the other hand, when we talk about murder, we mean that a person has taken the life of another person with malice aforethought. What this malice aforethought means is that you intended to kill or to cause serious harm to that person.

Now, in this case, Kabata saw the person who knocked his car running away. If his intention was to chase the driver down and block his path, then he would clearly not have the intention to kill or cause serious harm. This would then be a traffic offence.

However, if Kabata's goal in chasing the driver was to knock him to or injure him to stop him from running away and this injury was intended to be serious, then by law, we can say that Kabata had malice because of his intention. If the driver dies as he did, then this is no longer a traffic offence because Kabata used his car as a weapon to either injure or kill the other person. This becomes a case of murder.

Source: BarefootLawyers.

Comments

Vurra Constituency MP Adriko Yovan gets six months imprisonment for failing to repay loan.

📸: Hon Adriko Yovan. Story By Andrew Cohen Amvesi. ARUA . Yovan Adriko, the Vurra County Member of Parliament (MP) in Arua district has been committed to six months civil prison for failing to clear debts amounting to shs55,677,400. Adriko was on Thursday evening sent to Arua government prison to serve six months shortly after his arrest at Slumberland hotel in Arua City. MP Adriko warrant of committal judgement debtor to jail. Paul Mawa of T/A Vitality Associates, the court bailiff assigned to arrest the MP, duped him to come and pick some money for a land transaction at Slumberland hotel where he picked him like a baby after a long hunt. Adriko was immediately arraigned before Her Worship Karungi Leo, the Deputy Registrar of Arua High Court who later committed him to imprisonment not exceeding six months. Part of Adriko’s warrant of arrest issued b court Adriko was sent to the coolers for failing to clear shs48m which is the princip

Arrested Arua City Officials Taken to Kampala this Night.

Wednesday 8-November-2023. 📸: The arrest of Arua City Physical Planner Mr Findru Moses on 6-Nov-2023 at around 2pm. 📸: Mr Jobile Cornelius the City Deputy town clerk who was arrested on 7-Nov-2023 at around 4pm. 📸: Mrs Lillian Aleni (in red cloth) and Mr Edoni Benard being handcuffed by police officer on 6-Nov-2023 at around 6pm. The bail that was to be issued last night 8pm 7-Nov-2023 to release the arrested City Deputy town clerk Mr Jobile Cornelius and CFO Mr Sam Adriko over mismanagement of government properties and monies was canceled, and by this time of the night 11pm, highly placed sources leaked that, all the arrested suspects (Mr Findru Moses the Arua City Physical Planner, Mr Jobile Cornelius the Deputy City clerk, Mr Adriko Sam the CFO, Mr Edoni Benard the PDM BOG Chairperson for Pangisa ward and Mrs Lillian Aleni the parish chief for Pangisa ward) are being transported by State House Anti-corruption Unit officers who will soon be reac

Wedded Ayivu West MP Lematia John Fights Over Another Woman.

📸: Hon Lematia John. By URN. Police in Arua district are investigating a case of assault and threatening violence involving the Member of Parliament for Ayivu West Constituency John Lematia and James Ariko, a DSTV technician in Arua city. Drama ensued on Easter Sunday 31-3-2024 at Dream Land Hotel located at Kuluva trading center along Arua-Nebbi highway in Arua district when the legislator and the technician engaged in a fight reportedly over a woman identified as Faith Eyotaru 25, a relationship officer at Victoria University Kampala. The scuffle started after Ayivu West Mp John Lematia went to swim at Dreamland Hotel with Faith Eyotaru only to find Ariko, who had gone to the same hotel earlier. However, upon seeing the duo coming out of the vehicle, Ariko confronted Lematia with both men claiming to be having a relationship with the lady. It took the intervention of the staff at the hotel who intervened and separated the fight between the men. Josephine Angucia, the West Nile re

Information is Power

Search This Blog