Uganda v Onenchan (Criminal Session Case 91 of 1995) [1995] UGHC 53 (6 July 1995)

### THE REPUBLIC OF UGANDA\*

IN THE HIGH COURT OF UGANDA AL<sup>1</sup> ARUA

AT SESSION HOLDEN AT ARUA\*

## CRIMINAL . SESSION CASE NO \* 91/95

UGANDA :: :: :; :;: ::: :: • : ; ;; : :: s: : s::: ;; :; ;:;:) PROSECUTOR

### <VER. SU>S

DAVID ONENCHAN ACCUSED

# BEFORE: -

### JUSTICE G>M\* OEELLO

#### SENTENCE

The accused was originally indicted on a charge of murder contrary to sections 183 and 184 of the Penal Code Act\* But on arraignment, he offered a plea, of guilty to manslaughter which is *a* minor and cognate offence to murder. The State Counsel accepted that plea, in accordance with the provision of section <sup>62</sup> of the CID. Then the facts constituting the commission of the offence were narra.ted and put to him, the accused admitted their truthfulness and coredness. Then I convicted him of manslaughter contrary to section 182 of the Penal Code Act.

The narrated facts which the accused admitted their correctness were that:-

On 4-2-93 at 3\*00 pm at Adhing village of Vur Parish, Kacwing Division of Nebbi District, the accused and the deceased one Jenaro Ocama, were returning from a drinking party at the home of one ANJELO OKECH. While on the way, they picked up a quarrel which culminated into a fight. The fight progressed VP to the hor.'\* -■'» '

on the left side of his abdomen killing him instantly. The body of the deceased was later identified by John Owonda to the Medical Superintendant of Nebbi Hospital who carried out autopsy on it. He established the cause of death as Hypovolaemic amaemic shock due to internal bleeding.

The accused who was seen by many people during the commission of the offence was soon arested and charged with murder. On 5-2-93 he made a charge and caution statement to $D/AIP$ Nebbi. OCODI of/Police Station in which he admitted causing the death of the deceased.

Manslaughter of which the accused was convicted carries a maximum penalty of life imprisonment. But court has discretion to impose a lesser sentence as the circumstances of the offence warranted bearing in mind that the sentence must be commensurate with the offence.

In the instant case the accused was a first offender, he pleaded guilty thus saving courts valuable time, had been in custody on remand for $\frac{1}{2}$ years and a young lad of only 17 years old at the commission of the offence $2\frac{1}{2}$ years ago. He should now be $19\frac{1}{2}$ years old. Considering the drunken nature of the brawl which resulted into the killing, and all the other circumstances of the offence Iam of the view that 4 years imprisonment is adquate. So I order.

G. M. OKELIO JUDGE $6 - 6 - 95$

$\overline{2}$