Twesiime Kaingana v Uganda (Criminal Appeal 22 of 92) [1993] UGSC 33 (26 October 1993)

## IN THE SUPREME COURT OF UGANDA

### AT MENGO

(CORAM; <sup>M</sup>aNYINDO, D. C. J., ODER, J. S. C. & PLATT, J. S. C.)

## CRIMINAL APPEAL NO. 22/92

# BETWEEN

WILSON JACK TWESIIME KAINGANA :::::::::::::::::::::::::: APPELLANT

## AND

UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

### JUDGMENT OF THE COURT

Tliis was an appeal against sentence.

The Appellant was tried for murder, but convicted of Manslaughter on grounds of provocation. He was sentenced to 10 years imprisonment.

When all the facts are considered this was a borderline case. There is no appeal from either side against conviction. There was quarrel because of drink. The learned Judge took into account the personal factors of the Appellant, but was of opinion that the use of a spear was a. yery serious matter.

While we consider that other Courts might have imposed a somewhat lesser sentence, the reduction would not be great. There are no particular misdirections aS to sentence and therefore there are no grounds upon which the Court ought to interfere.

Accordingly the appeal is dismissed. Dated at Mengo this 26th of. October 1993-

I CERTIFY THAT THIS <sup>A</sup> TRUE COPY OF THE ORIGINAL. A. L. Kyeyune ( AG. ASST. REGISTRAR.

9th November, 199^.

S. T. MANYINDO

DEPUTY CHIEF JUSTICE

A. H. 0 ODER JUSTICE OF THE SUPREME COURT

H. G. PLATT JUSTICE OF THE SUPREME COURT