Uganda v Alanyo (Criminal Session Case 375 of 1995) [1996] UGHC 32 (16 July 1996)

## THE REPUBLIC OF UGANDA

3 CUSTY-AGHODU. T. SPT WHY SHT.

IN THE HIGH COURT OF UGANDA AT SESSION HOLDEN AT GULU

CRIMINAL SESSION CASE NO. 375/95

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$\ldots$ PROSECUTOR **UGANDA** -versus-ALANYO ROSE ...................... ACCUSED

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

## SENTENCE

The accused was originally indicted on a charge of Murder contrary to section 183 of the Penal Code Act. On arraignment she offered a plea of guilty to manslaughter, a minor and cognate offence to murder. The Resident Senior State Attorney prosecuting the offence accepted that offer of plea. Accordingly the accused was convicted on her own plea of guilty of manslaughter contrary to section 182 of the Penal Code Act.

The narrated facts indicated that the accused and the deceased were co-wives. Accoring to the facts, the accused had just returned from her parents home when she found the deceased boiling water in preparation of her supper. Then a quarrel broke out between them. The cause of the guarrel was not disclosed to the court. But the facts indicated that the quarrel developed into a fight between the accused and the deceased. Then that they were separated. But shortly the accused picked the pot of boiling water from the fire and poured that hot water on the deceased burning her extensively. The facts went further to indicate that the deceased was rushed to Gulu Hospital where she was admitted. After two weeks in the Hospital, the deceased was discharged. Then after two weeks, the deceased was admitted at Lacor Hospital where she died on 19th August 1994, a month from the date of the assault on her. According to the facts Postmortem Report revealed that the deceased died of damages to the small intestine resulting from complication from the intesive burns, Following the death of the deceased the accused was arrested and charged with murder.

The principle of sentence is that it should befit not only the offence but also the offender. In the instant case manslaughter which the accused is convicted/carries a maximum sentence of life imprisonment.

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As regards the offender, the records shows that the accused is a first offender with three children to look after. She had been in custody for two years before her trial. This will be taken into account.

However, it is important to bear in mind that pouring of boiling water on another is an act of brutality. It is an act which if done deliberately as it was in this case brings the case if death results $/near$ from it/to murder for the assailant ought to have known or anticipated the consequences of her act. The accused adt in this case even if they were struggling over a man, was most extreme. I do not agree with the defence Counsel when he said that because the deceased died a month after the assault on her, the injury on her was Litself not all that serious. The death of the deceased is Lestimony of the seriousness of the injury inflicted on her. For that reason, I sentence the accused to 6 years imprisonment after taking into account the 2 years she had been in custody.

G. M. CKELLO **JUDGE**

16th July, 1996