Uganda v M.A. Tusingweire (Criminal Session Case No. 35 of 1991) [1991] UGHC 74 (25 September 1991)

## THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KABALE HOLDEN AT KABALE.

BEFORE: THE HONOURABLEMR. JUSTICE J. W N. TSEKOOKO.

CRIMINAL SESSION CASE NO. 35 OF 1991.

$UGANDA$ PROSECUTOR $V/s$

M. A. TUSINGWEIRE ================== ACCUSED

SENTENCE AND REASONS: Undoubtedly the offence of manshaughter is a very serious offence as submitted by Mr. Hikomeko two learned Resident State Attorney: That is why the haw provides for a severe sentence of up to-life imprisonment upon conviction. Mowever the circumstances in this case leading to the commission of the offence by accused who had taken alcholic drinks all speak in-favour of the accused. The deceased declared epenly and in the presence of other people that he would take over the wife of the accused. That declaration-made to a person of accused's standard in life must have been humiliating. Further more the accused impressed court as an wonest person by volunteering in court that he actually picked a piece of wood at the scene of incident and hit the deceased with it. a fact which the state did not know. -

If accused hadn't been so cooperative he (accused) would, after Hearing from-Resident State Attorney that the latter didn't have facts showing how the assault occurred, opted to keep quiet and this would lead to amprotracted trial. This would be expensive for the public. He has saved courts time. Accused has been on remand for over 3% years and is obviously repentant about what happened. He has-very young children. In all these circumstances, I consider that the accused deserves to be treated with judicial leniency, although this is not to be taken as a license for other persons to engage in causing death of fellow human beings. I sentence the accused to imprisonment for a term of three (3) months.

J. W. J. Tsekooko,

Judge. $25/9.1991.$