Uganda v Okwonga (Criminal Session Case 39 of 1993) [1993] UGHC 86 (24 June 1993)

Full Case Text

THE REPUBLIC OF UGANDA t IN THE HIGH COURT OF UGANDA AT KAMPALA HOLDEN AT GULU CRIMINAL SESSION CASE NO. 30 OF 1993 (ORIGINAL CRIuINaL CASE NO. MG. 415/35) UGANDA ................................ PROSECUTOR — versus - JULIANO OKLONSA ACCUSED

BEFORE: THL HONOURABLE JUSTICE Guu. OKELLO.

## SENTENCE; "

The accused was originally indicted for the murder of his elder brother Jeremiya Olok. On arraignment, he offered a plea of guilty to manslaughter, a minor and cognate offence to murder. The state accepted that offer. In conse, the accused was convicted of manslaughter contrary to section **18?** of the Penal Code Act.

The deceased was the elder brother of the accused. On 25.8.1985 the deceased and others including the accused were drinking the native brewt After four hours of drinking, the group started to feel the effect of the alcohol. A quarrel broke out among themselves. The quarrel developed into a fight. In the fight, the accused boxed and bit one Ochora. Ochora who could not match the aggressiveness of the accused, fled. On seeing that Ochora had fled away, the accused turned his anger on the deceased. The deceased was already drunk. But, the accused picked a club and struck the deceased on the r left jaw. The deceased fell down. The accused again hit him twice on the ribs. The'deceased collapsed and died almost instantly. The accused ran away but was he was traced and arrested. Subsequently he was charged. The size of the club used in the assault was not established.

The Post lAortem examination Report showed that the base of the skull of the deceased was fractured following a blow

from a blunt instrument. The accused 1 as also medically examined on 28.8.1985. He was found t> bo aged 22 years old. His physical and mental conditions were found to be normal.

Manslaughter is an offence for which the law prescribed the maximum sentence of life imprisonment. But the actual sentence varies from case to case depending on the circumstances in which the offence is committed.

In the instant case the Senior Resident State Attorney pressed for the maximum sentence or as near thereto as possible because according to him the circumstances in which this offence was committed sx-owed that it is a border line case between murder and manslaughter. That the killing was near cold blooded. That there was no evidence of drunkardness and no provocation. That the accused\*s plea of guilty should not tempt the court to be lenient to him.

He cited Uganda -vs- Thomas Otema Criminal Session Case No. 134/91 and Uganda -vs- Simon Oceng Criminal Session Case No. 7 4/90» In the above two cases, the accuseds were convicted of manslaughter after a full trial and were sentenced to ten years imprisonment. He also cited Uganda -vs- Bosco Lakqno who pleaded guilty to the manslaughter of his wife and on conviction was sentenced to seven years imprisonment. Counsel urged me to follow the pattern of the above sentence and impose a deterrent sentence on the accused.

For the accused Mr. Atare prayed for leniency. He urged me to take into account the facts that the accused pleaded guilty thus saving the court's time. That the accused is a first offender. That the aim of sentence should be corrective rather than vindictiveness.

The principle of sentence is clear.. It is that the sentence must be comensurate to the offence.

•../3..

In the instant case, the accucsd pleaded guilty Readily thus saving the court's time. He is stated to be a first offender. These are factor3 which this court takes into consideration in favour of the accused when considering sentence.

I have considered Uganda,**Thoma Otema . Criminal** Sesalon Case No\*. 74/90 where the accuseds were sentenced to ten years imprisonment for manslaughter. In these two cases there wore full trial whereas in the instant case the accused readily pleaded guilty. The facts of these two cases differ from those of the instant case.

I also considered Uganda,^vswJ§qsco Lakono .. Criminal Session Case .. No\* -142/9.1 who pleaded guilty to the manslaughter of his wife and on conviction was sentenced to seven years imprisonment. The circumstances in which that offence was committed differ from the circumstances in which the instant offence was committed. But bearing in mind the circumstances in which this offence was committed e and the conduct of the accused after the commission of the offence, it is my view that 4ir years imprisonment is appropriate sentence. He had bean in custody for years on remand. I therefore sentence him. to 4ir years imprisonment.

G. I4. Okello Judge 24.6.1993