Uganda v Kidega (Criminal Session Case 34 of 1993) [1993] UGHC 65 (24 June 1993)

Full Case Text

## ThE Hl'l-UxiLIO OF UG.h. DA

IN THE HIGH COURT OF UGANDA AT KAMPALA HOLDEN AT GULU CRIMINAL SESSION CASE NO. 34 OF 1993 (ORIGINAL CRIMINAL CASE NO. MK. 61/1991) UGaNDA PROSECUTOR - versus - TOW KIDEGA ............................ ACCUSED

## BEFORE; THE' HONOURABLE ij?. JUSTICE G.m. OKBLLO

## SENTENCE;

The accused, was originally indicted for murder contrary to section 183 of the Penal Code Act. On arraignment he offered a plea of guilty to manslaughter, a minor and cognate offence to murder. The state accepted that offer of plea. In consequence the accused was convicted of manslaughter contrary to section 182 of the Penal Code Act.

The accused and the deceased were husband and wife. They had lived together for some times. There are two issues of the marriage. On 15.2.91 the accused and the deceased returned from a funeral rite. On arrival at their home, the accused demanded for some food from the deceased. The deceased replied that she had no food. That she could not have prepared food since Loth of them had been away for the funeral rite. A quarrel broke out over the food issue. The accused then picked his bow and arrow^^jt^hot the deceased on the chest. The deceased made alarm in which she cried that she had been shot by the accused with an arrow. People answered the alarm and the deceased was rushed to a Hospital where she died a couple of days later.

The accused who had disappeared - oon after the incident was hunted and later gave himself up the authorities. 'He was arrested and was subsequently charged\*

Manslaughter is an offence which carries a maximum sentence of life imprisonment. But the court has discretion to give a lesser sentence depending on the circumstances in which the offence was committed.

In the instant case the Senior Resident State Attorney prayed for a stiff sentence, That the attack on the deceased by the accused was brutal. That the deceased was not at all armed and her reason for the unavailability of food was reasonable. Both had been away and she could not possibly have had time to prepare food. That wife killing was becoming too common in the area and called for a deterrent sentence.

Kir. Atare prayed for leniency for the accused, because he was a first offender who pleaded readily guilty thus saving the court's time. That the accused had two children by the deceased to look after. That the accused realised his inistake and felt sorry and reported himself to the authorities#

The settled principle of sentence is that the sentence must be comensurate to the offence.

In the instant case, the accused pleaded guilty to the offence thus saving the court's time. It is settled that these factors are taken into account in favour of the accused when considering sentence. In contrast, the circumstances in which the killing was committed showed that the accused acted un reasonably and with extreme brutality. There was no justification to shoot the deceased in those circumstances. The deceased had given a reasonable explanation for unavalibality of food at the time. They had both been away at the funeral rite.

Under those circumstances I ccnsider six years imprisonment appropriate for senten. for the offence. So I order.

Gild. Okello

Judge

24\*6.1993.

Sentence delivered in the presence of:-

- (1) Accused. - (2) Mr. Ogwax-Olwa S. B. S. A for the state. - (3) Mr. A tare for the accused on state brief.

(4) Mr. A. Ayella Interpreter,

in open court.

G. IvI. Okello

Judge 24.6.1993.