Uganda v Ocitti (Criminal Session Case 431 of 1995) [1996] UGHC 39 (17 July 1996)

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## THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDA AT SESSION HOLDEN AT GULU

CRIMINAL SESSION CASE NO. 431 OF 1995

$\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet\bullet$ **UGANDA** $-versus-$

OCITTI CHALLES ...................................

## BEFORE: THE HONOURABLE MR. JUSTICE G. M. OKELLO

## SENTENCE

The accused was indicted on a charge of murder contrary to section 183 of the Penal Code Act. But on arraignment he offered a plea of guilty to manslaughter a minor and cognate of offence to murder. The Resident Senior State Attorney accepted that offer of plea and the accused was convicted on his own plea of guilty of manslaughter contrary to section 182 of the Penal Code Act.

The narrated facts revealed that the deceased was the natural mother of the accused. According to the facts, the clan elders in the accused's village had on the fateful day met to consider allegations brought against the deceased. It was alledged that the deceased had poisoned somebody's Pig and had killed some people who included the accused's son using witchcraft. At the meeting of the clders which was also attended by the accused, the deceased admitted to have killed the pig and the people who included the accused's own son. She went further to state that the poison she used for killing was given to her by somebody called Otya. That admission by his mother appeared to have provoked the accused who rushed and stabbed the deceased with a knife. The deceased died shortly from the stab wound.

Following that incident the decused was arrested and eventually charged with the murder of his mother. No postmartum examination was carried out on the body of the deceased. No reason was given for failure.

The phylosophy of sentence is clear. That sentence must not only befit the offence but also the offender. Manslaughter of which the accused was convicted carries a maximum sentence of life imprisonment. Court however, has discretion to impose lesser sentence to fit the offender.

The record indicated that the offender in this case is a first offender. He had no previous record. He has been in custody from 1st November 1993 to date. That makes a period of about two years. But the above must be contrasted with the manner the offence was committed. The accused stabbed his own mother in the presence of the elders of the village apparently because his mother admitted killing other people who included the accused's own son. This no doubt offered to the accused some provocation. But he should have controlled his temper. Considering all the circumstances of the case and the period the accused took in custody before his trial, I sentence him to $2\frac{1}{2}$ years imprisonment.

G. M. OKELLO JULGE

17th July 1996