Uganda v Tumuhimbise (Criminal Session Case 225 of 1992) [1994] UGHC 84 (15 June 1994)

## THE REPUBLIC OF USINA

IN THE NIGH COOKE OF UGLNDA IN THE SESSION

HOLDLIN AT MBIRARA

CRIMINAL SESCION CASE NO. 225/92

**UGANDA:** PROSECUTOR

## VBBSUS

**TUMUHINGISE ERIEZA: ...** ACCUSED BEFORE: The Honourable Mr. Ag. Justice E. S. Lugavizi

## CONSETT JUDGMINT

$15/6/94 - 9.532...$

Mr. D. Kwizera for accused.

Mr. Wagona for the State.

Assessors shown again to accused.

Accused: I still do not object to them.

Assessors: 1. Mr. J. Rubakuba

2. Mr. D. Mulika

Both are sworn.

Court clerk: Mr. Munyanpenda - sworn.

Court: Indictment roud and explained to the accused.

Accused: I understand the indictment.

Court: How do you plead to it?

Accused: I killed her, but I did not intend to do so.

Mr. Wagona: I have no objection to the accused's plea of a lesser charge of manslaughter.

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

Plea of guilty to the charge of manslaughter accordingly entered.

Mr. Wagona: On or about the 19th of November, 1991, at Kyangu village, Ruhanga county, Marara District, the accused caused the death of the deceased who was his own mother by cutting her with a panga on the head.

The accused immediately reported the incident to a sister of his named Atukwasizo viho went to, scene and found the , <sup>|</sup> deceased dead. She went and informed her father and neighbours who gathered at seen. ■•nf report was later made to the AC Chaiffln.ui of on eu .rec, Meanwhile the accused went to report himself at Ntungamo Police Post where he said that he killed the deceased for practicing 'witchcraft on his children. The Police visited the scone. They found the deceased lying in a pool of blood and also recovered a blood-stained panga. A post-mortem was carried out on deceased who was later buried, The accused was transferred to Mbarara Police Station whore ho made a statement before Detective Inspector of Police Gasasira and admitted having caused the death of the deceased but claimed it was accidental. He was later charred and hence this trail,

Gotart: Is above true? How do you r:.. ..at to wiiut has been said? Accused: That is what it w.?.s? but I did not have the intention of killing her.

Court: I convict you on your own plea of guilty of the offence of manslaughter.

Mr, Kwizera:

I pray court considers giving a lenient sentence to accused who had pleaded guilty to manslaughter and thereby saved court a lot of its valuable time.

According to facts of the case, .accused reported himself to the police. Conduct pointing co fact of repent,.-dice even at the.t early time. Accused h.w- bco?i on remand since late 1991 (Kov»1991). This amounts to 2-?/'years on remand. This period should bo taken to nave given accused enough punishment and therefore enough time to reform\*

Accused is a married man with a number of children all of whom are of tender age. They are actually three children. They all require his parental care.

Lastly, I have been instructed to inform this court that the accuse is a manner of TASO club. He tested H. I. V. positive. The results were given to him on appoir ment card No. 308977 dated 19th May, 1994.

I would pray that on account of these facts, the accused should be sentenced to 1 day's imprisonment. Mr. Wagona:

No record of previous convictions of accused. He is therefore regarded as a first offender. I invite court to impose an appropraite sentence in view of fact that the accused caused someone else's death.

Allocutus:

I inform court that I am sick. I pray that I be released to go home. That is all.

Court: We shall adjourn for 30 minutes.

Sgd: E. S. Lugayiz: Ag. Judge $15/6/94$

## Sentence:

In view of the fact that the offence of manslaughter involves the unlawful termination of the life of another, court takes a very serious view of it.

The gravity of the said offence is also reflected in the maximum sentence provided for it under Section 185 of the Fenal Code, which is life imprisonment. $\begin{array}{c|ccc}\n1 & 1 & 1 & 1 & 1 & 1 & 1 & 1 & 1 & 1 & 1 & 1 & 1 & 1$

However, thing into account in this case, the fact that the accused (who is sick of aids) is a first offender and that he also reported himself to the police after the above further saved court's time by pleading guilty. I am inclined

I accordingly sentence him to a term of three years' imprisonment. Such term to run from the time when he was first remanded in custody.

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$L$

$Sgd:$ E. S. Lugayizi

> Ag. Judge $15/6/94$

Right of Appeal against sentence explained to/the accused.

Sgd: $E. S.$ Lugavizi

Ag. Judge $15/5/94$

At: $11.23a.m.$ :

Mone

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Mr. Kwizera counsel for accused.

Mr. Wagonn counsel for the State.

The accused.

Mr. Munyampenda Court Clork.

The two assessors.

Sgd: E. S. Lugayizi

$\Lambda g$ . Judge $15/5/94$