Uganda v Ndyeija (Criminal Session Case 134 of 1992) [1994] UGHC 91 (28 June 1994)

## THE REFUELIC OF UGINDA

IN THE HIGH COURT OF VOLUME IT THE SESSION HOLDEN AT MBALARI

ORTHUNAL SESSION CASE NO. 134 OF 1992

PROSECUTOR UG. MDA:

### VERSUS

STANLEY NOYEIJA: . ACCUSED BEFORE: The Honourable Mr. Ag. Justice E. S. Lugayizi CONSENT JUDGMENT

$13/6/1994$ : At: 12.10p.m.

Accused present.

far. Wagona for State.

Mr. Warona:

Mr. Kahuntu is defending here and has asked us to fix a

hearing day. Can we have 28.6.94?

#### Assessors:

1. Mr. Nkuhe

2. Mr. Rwabambari.

Accused: No objection.

Court:

This case is fixed for hearing on $28/6/94$ . Assessors to be in attendance. Accused further remanded till then.

S $rd$ :

E. S. Lugayizi Ag. Judge $13/6/94$

# $28.6.94 - 9.50au$ .

Accused present.

Mr. Kahungu Tibayeita for accused.

Mr. Wagona for the State.

Mr. Munyampenda court clerk.

Assessor.

Court: Indictment read ad explained to Accused. Accused: I understand the Indiament. Court: How do you plead to 18?

Accused: I killed the deceased but I did not intend to do so. Mr. Wagona: I have no objection to the accused's plea to the lesser charge of manslaughter.

Court: Accepts the accused's plea of "guilty" to a lesser charge of manslaughter.

Mr. Wagona: According to facts available, on or about the 22nd day of March, 1991, at hyperubire village in Bushenyi District the accused cruced the death of the deceased who was his father. Accused was returning from a dispensary. He stopped over at a Trading Contre called Rwomengo. At around $\delta$ .00p.m., the accused saw deceased passing by the Trading Centre. He followed him and caught up with him and under circumstances that were not clear to the prosecution (since there were no eye witnesses) accused hit deceased with a walking stick which he had. The deceased died on the spot. Accused was later arrested and handed over to police and subsequently charged with nurder.

A post-mortem was done, deceased which revealed that he died of a closed head injury.

Court: You have heard the lasts above, how do you ready to them. Accused: I accept the facts as related above. Court: Accused is convicted on his own plea of guilty.

Mr. Kahungu Tibayeita:

Accused person says that for over 40 years, he had lived with his father and had not had any problem with him. What happened on the material day was out of the ordinary. The accused was carrying his sick child who was on the verge of dying. At that stage, his father who seems to have been drunk, made remarks to the effect that he wished the child had died. He went on making provocative remarks.

$\frac{1}{2}$

Accused hit hus told with an ordinary walking stick. He was shocked when the old man fell down and died abruptly. His child also died immediately after his father's death. Accused person has $\&$ children at home, a wife and an aged mother. The children have all dropped out of school since there is no one to care for them. Accused suffers from acute alcers. This has been so since 1989 and he has not been getting any proper treatment. He has been on remand since 1991. He feels very sad about his father's death. For the same of his family, sisters and brothers, etc, he would wish to be given a sentence which would ensure his immediate release.

Mr. Wagona: I have no record of previous conviction for himdly I however invite court to impose an appropriate sentence in view of fact that as a result of the accused's act life was lost.

Court: Sentence will be passed this afternoon at 3,00p.m. This court adjourns till then.

> $Sgd:$ E. S. Lugavizi Ag. Judge 28.6.94.

#### SENTENCE:

The gravity of the official of manslaughter is reflequed in the sentence the law imposes for it which is life imp ment.

Accordingly, court takes a very serious view of the commission of that offence.

However, taking into account in this case the fact that the accused is a first offender. He is sick, and has a lot of family commitments and did not waste court's time but pleaded guilty readily. I am inclined to be lehient

I therefore seatence his to a same of 3 pers' imprisonment, which should be counted from the time, when he was first remanded.

Sgd: E. S. Lugayizi

Ag. Judge 28.6.94.

Read before:

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Mr. Kahungu Tibayeita for accused.

Mr. Wagona for the State.

Mr. Baguma court clerk.

chigay-3

Sgd: E. S. Lugayizi Ag. Judge $28.6.91.$