Uganda v Langwen (Criminal Session Case 369 of 1995) [1996] UGHC 36 (16 July 1996)

## THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT SESSION HOLDEN AT GULU

2012574 - Alfandd. J. APT Hatt 3HT

CRIMINAL SESSION CASE NO. 369 OF 1995

......... PROSECUTOR TIGANDA ANANANA

-versus-

YESIRI LANGWEN .............. 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, the accused offered a plea of guilty to manslaughter a lesser and cognate offence to murder. The Resident Senior State Attorney prosecuting the offence accepted/plea and the accused was /the accordingly convicted on her own plea of guilty of the offence of manslaughter contrary to section 182 of the Penal Code Act.

The narrated facts revealed that the death resulted from a domestic quarrel between the accused and her husband now deceased. According to the facts, the accused complained as to why her husband did not contribute a cow towards the marriage of her brother. That quarrel developed into a fight in which the accused stabbed the deceased with a knife three times:-

on the left arm, neck and left shoulder. The deceased died on the same night. No postmortem examination was carried on the body of the deceased to determine what the cause of death was. This was due to insecurity in the area. But, there can be no doubt that the deceased died of the injuries inflicted on him by the accused.

The phylosophy of sentence is that it should befit the offence and the offender. Manslaughter of which the accused is convicted carries a maximum sentence of life imprisonment. As to the offender, the facts indicate that the accused stabbed the deceased with that lethal weapon three times on vulnerable parts of the body, neck,

shoulder and left arm. This brings the case to a near border line to murder. I must say that the accused must count herself lucky that the State had accepted her offer of a plea to a lesser offence.

It was indicted that the accused was aged 65 years in 1993. This would put her at 68 years. I have observed her in court. She did not appear to me as old as I am told. Her acts revealed savag ery and un acceptable brutality. For that I sentence her to 4 years imprisonment.

$i$ , $i$ G. M. OKELLO **JUDGE**

16th July 1996