Uganda v Lapido (Criminal Session Case 285 of 1992) [1993] UGHC 78 (22 June 1993)

## THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KANPALA HOLDEN AT GULU CRIMINAL SESSION CASE NO. 285 OF 1992 (ORIGINAL CRIMINAL CASE NO. MG. 234/1991) UGANDA ................................... versus EVALINE LAPIDO ................................ ACCUSED BEFORE: THE HONOURABLE MR. JUSTICE G. M. OKELLO.

## **SENTENCE:**

The accused was originally indicted for murder contrary to section 183 of the Penal Code. She offered a plea of guilty to manslaughter a lesser and cognate offence to murder. The state accepted the plea. In consequence she mas convicted of manslaughter contrary to section 182 of the Penal Code Act.

The deceased had apparently, worked for the accused and was not paid his dues. He then walked to the accused's home and picked two papyrus mats belonging to the accused. On seeing this the accused shouted "thief, thief" and picked a split firewood which she held with both hands and forcefully struck the deceased on the left ribs. The deceased fell down unconscious. He was apparently taken to Gulu Hospital where he died after three days without regaining his consciousness. The Post Mortem report revealed the cause of death as internal haemorthage. The spleen was found raptured.

The accused has no record of previous conviction. She pleaded guilty thus saving the court's time. This is a factor which this court has on several occasions taken into account in favour of an accused. The accused had been on remand in custody for two years. She is a widow with six children to look after.

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Against this that violence was uncalled for. She should not have resorted to that unlawful conduct. Considering all the circumstances of the offence, it is considered that two years imprisonment is proportionate to the offence. The accused is therefore sentenced to two years imprisonment.

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Okello

Judge 22.6.1993.

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