Uganda v Tumuhimbise (Criminal Sessions Case 225 of 1992) [1994] UGHC 107 (15 June 1994)

Full Case Text

## , Justi C. F. M. S. Egonda-Ntendo

THE REPUBLIC OF UCANDA IN THE HIGH COUNT OF UGLICA IN THE SESSION HOLDEN AT MB/RARA CRIMINAL SESSION CASE NO. 225/92

UGANDA: ......... PROSECUTOR

## VERSUS

TUMUHIMBISE ERIEZA: ........................ ACCUSED SEFORE: The Honourable Mr. Ag. Justice E. S. Lugavizi

## CONSENT JUDGLENT

$15/6/94 - 9.53a.m.:$

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 read 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.

$.../2...$

The accused immediately reported the incident to a sister of his named Atukwasize who went to, scene and found the deceased dead. She went and informed her father and neighbours who gathered at scene and a report was later made to the PC Chairman of that area. 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 where he 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 charged and hence this trail.

Court: Is above true? How do you react to what has been said? Accused: That is what it was, 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 to fact of repentance even at that early time. Accused has been on remand since late 1991 (Nov. 1991). This amounts to 2^-'years on remand. This period should be taken to have 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 boon instructed to inform this court that the accused is a member of TASO club. Mo tested H. I. V. positive. The results wore given to him on appointment card No.30^977 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 clso's death.

Allocutus:

to go homo. That is all. I inform court that 1 am sick. I pray that I be released

Court: Wo shall adjourn for 30 minute

E. So Lugayizi 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 165 of the Penal Code, which is life imprisonment.

However, taking 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 to be lenient.

I accordingly sentence him to a terra of throe^years' imprisonment. Such ton,, to run from the time when ho was first remanded in custody , / //'

*.'7* Z I

Sgd: E. S, Lugayizi u

Ag. Judge 15/6/94

Right of Appeal against sentence czplainod-'tO/' the accused. /&lt;

Sgd:--<E. S. Lugayizi .)

Ag, Judge 15/6/94

At<ll,2Jana,:

Lhu Kwizcra counsel for accused.

Mr, Wagon?, counsel for the State,

The accused,

Mr. Munyampenda Court Clerk.

The two assessors.

Ag o Judge 15/6/94