Uganda v Santina (Criminal Session Case 251 of 1993) [1994] UGHC 51 (19 April 1994)

Full Case Text

### THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDA AT KAMPALA

## CRIMINAL SESSION CASE NO. 251 OF 1993

UGANDA

VERSUS PROSECUTOR

SANTINA BAYOA ACCUSED

# BEFORE HOW. MR. JUSTICE G. M. OKELLO

#### **SENTENCE;**

The accused was- originally iMiJicted fer murder c/s iSj-of the PCA. On arraignment she offered a plea' of guilty to- <&anslaugher a lesser and agnate offence to murder\* The state accepted the offer• A plea of guilty to manslaughter c/s 182 of the Penal code Act was accordingly sentered.

The facts showing the circumstances under which the offence was committed weM narrated. When they were put to her, the accused admitted the .facts were true and accurate. Upon that admission ef the facts, the aecus'ed was convicted of aanslauchter c/s 182 PCA. The facts she admitted may be summarised thu«|

The "deceased was the husband of the accused. A quarrel broke out between the couple over shs\* 2^0/=. The money belonged to the a-ccused and the deceased apparently took and used it without the knowledge and consent of the accused. The quarrel .developed into a fight. In the course of the ficht the deceased picked a stick with which he struck the accused on head and back. Upon this, the accused picked a knife, and stabbed the deseased once on the left side of chest. The deceaseid died instantly. Post mortem examination was carried on the body later. The post mortem Report revealed that there was a penetrating wound on 'the lung and Heart. The cause of death was put as internal haemorrage due to s'tab wound on the heart

Manslaughter carries a maximum penalty of life imprisonmen. Court however has discretion to ^ive lesser sentence or such sentence which is commensurate the offence. In arriving at the appropriate sentence court must take into consideration various factors including the circumstances in which the offence was committed.

In the instant case, the offence was committed over a patty quarrel. The deceased started the assault. This of cause was no excuse for the accused to respond with such a lethal weapon. I am told that the accused has been incustody on remand for 2 years and 8 months - she pleaded guilty. Bearing all these in mind I consider that three and hald years imprisonment is commensurate with this -offence in the ciraums-tance. so I order.

G.-. V. K. G. M.- OKELLO JUDGE. 19/V9^-