Uganda v Akileo (Criminal Session Case 32 of 1993) [1993] UGHC 83 (23 June 1993)

## THE REPUBLIC OF UGANDA

IN THE HIGH GOURT OF UGANDA - ALL **KAmPALA** HOLDEN AT GULU

CHIMINAL SESSION CASE NO. 32 (F 1993 (ORIGINAL CRIMINAL CASE NO. MG. 126/83)

**UGANDA** ................ ............... PROSECUTOR $-$ versus $-$ **AKILKO PIDO .................................... AGCUSED** . . . . . . . . . . . .

BEFORE: THE HONOURABLE MR. JUSTICE G. M. OKELLO

## SENTENCE:

The accused was originally indicted for the murder of one Gabriel Atara. On arraignment he offered a plea of guilty to manslaughter, a minor and cognate offence to the offence charged. The state accepted that offer. In consequence the accused was convicted on his own plea of manslaughter contrary to section 182 of the Penal Code Act.

The accused and deceased were apparently neighbours. On 1st day of January 1983, people had gathered at the home of the deceased to celebrate the new year. The accused's daughter was one of the celebrants. In the evening the accused came to the deceased's home apparently looking for his daughter. He was armed with a bow and arrows. On seeing his daughter, the accused started to abuse her for having attended that party.

The deceased as the owner of the home tried to stop the accused from abusing his daughter in the public. The accused reacted angrily and shot the deceased in the stomach with an arrow. The deceased was rushed to the Hospital. Unfortunately he did not survive the injury. He died from it seven weeks later.

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Manslaughter is an offence which carries a maximum sentence of life imprisonment. But the exact sentence in each such case is determined by the circumstances in which the offence is committed.

In the instant case the circumstances in which the offence was committed were not disputed. They showed an act of un provoked brutality and of savagery.

The Senior Resident State Attorney did not press for custodian sentence for the accused in this case purely on humanitarian ground. Even counsel for the defence expressed the same sentiment. This was prompted by the very sight of the accused. He looked frail and emaciated. I was told that he was brought from his Hospital bed to answer the charge against him. He has a long history of TB. As the reason for<br>I write this sentence I had to allow him sit down. He could hardly stand.

The principle of sentence is that the sentence must be comensurate to the offence with which the accused was convicted.

In the instant case, I am inclined on humanitarian ground to share the sentiment expressed by both counsels. The accused cannot with stand custodian sentence. So imposing such a sentence would not serve any useful purpose. I think he should be given the chance to pursue proper medical treatment to save his life. For these reasons the accused is sentenced to imprisonment until the court rises today.

Okello i. M.

Judge 23.6.1993.