[1995] UGHC 75

How MR JUSTICE EGONON-NIENDE

15TE DE UBLIC CI UCANDA

IN STOURN COURS OF UNATIA AT KARLATA

**ECIDET AT MBARARA**

CRIMITAL SEUSICH CAS $10.85/93$

UGAIDA :;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;

## $V \mathbin{\ddot{\cup}} \mathbin{\mathbb{R}} S \mathbin{\ddot{\cup}} S$

TIRASSIMA STEPHLM ::::::::::::::::::::::::::::::::::::

BEFORE: THE HONOULADUE IR. JUSTUON I. NUKANZA

## SHNYENCE

Court as before at 9.45 a.m.

Mr. Nouruye- I have talked to the accused person and the outcome of our discussion is a prayer that the indictment be read over to the accused person.

Court: The Indictment is read over the the accused person as nrayed. Accused states: It is true the deceased died but I did not intend to do kil him.

Plea of not quilty entered. Court:

Mr. Ngurunye the accused is admitting a lesser charge of manslaughter which excludes malice aforethought.

Mr. Wagona: I have got no objection.

Court:

Court: Charge of manslaughter contnary to section 182 of the Penal Code is read and explained to the accused. Accused states: I addit that I hilled Stephen Tibasima but

> I did not intend to do so. P. G. entered.

It is alloyed that on or about the 9th day of January Facts: 1992 at Kigarama village Kayora Parish in Mbarara District which is now Noungano District when the accused caused the death of the deceased.

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The accused and deceased were sbep brothers born of dj-ae eoiie fab'iox- bub dil'fei-eiib s-iobhei's, Ort bb.ab day bbey had cone bo attend a party at the home of one called 3ma from where they picked a quarrel which ended into a fight and the accused hit the deceased or. the head with a stic' . The deceased sustained an injury and was taken to a nearby clinic for treatment\* Ilis conditim latex deteriorate ? and was tai ,en to the hospital celled Ealiunga where he died the following day as a result of the- <in4uri.es> inflicted on hisi Postmortem was done which revealed t??at t.ho deceased. had fi'actured skull and that the cause of death and reason for i.h.o waa slock and .co:>44a du-®- **Winter** crannial ⁴ haemorrhage. The accused person was later arrested and banded •over- to rtvux.amp . olioo Station, later the accused **was traxoefred** to Iloarara Police station where he made a statement before Det Air ^r utut^in which he\* admitted to have killed the deceased but never intended to do so. He was charged of murder and remanded in custody till today.

. Courts Pacts put to the accused person. Accused: The facts'arc true and correct,

nnirr.t\* The accused' is conviciod of the offence- **of** mahslau/Jiter contrary to section 1o2 of the Penal Code and this- is entirely upon his own plea of guilty.

I¹¹ mtijo,tion I' pra;/ this 'Ion., court to give a lenient sentence to the accused person. The accused is a young man aged ²⁴ years only. He is married and has ³ children He is the sole bread vdnv.er for that family, accused has not wasted govemmout funds for police investigation ? and a fivhl fledged court trial. 'At the police stc/tion he admitted and even before this court. But of most importance th.e accused aid the deceased had spent the whole day on a party enjoying together and drinking

together. At the material time of the incident both the accused and the deceased were drunk. The deceased and the accused were brothers. It would be ^a big loss to the family for the family lost one of the members and ther.' have another member imprisoned for a long time. The accused lias been on remand since January 1992. This is ^a long period and by now the accused has learnt ^a good lesson in as far as taking **rash** -decision is concerned. The accused, instantly reported himself to the authorities- the area HOs who forwarded him to police. The funds for medical treatment of the deceased were met by.-the accused 'The accused is sorry and remorseful of what had lia-'pened and is prepared to assist the deceased\*a. depencLanits" --pros eon ti on pointed out clearly that there was ^a fight and it could be that the deceased might have been the causer though details have not been gone into. In the circumstances of this case I pray for a lenient sentence^

Mn Wagona: I have no record of the previous record of the accused. He is therefore regarded as a first offender-, However I invite -ho take into jsu?x>o.nnt that life was lost as a result of the accused's unlawful act and you pass a sentence which is appropriate in the circumstan es.

## Reason for"the ^sentence.

I have taken into account the submissions of the learned counsel and I noted that the accused is a young man aged about 24 years only. He lias been on remand for about three years. He has *^a* family and ³ children to support aid above all he has pleaded guilty and saved this court time and expenses in -trying him. Also he appears remorseful of what he did. However he

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took away the life of his own brother by hitting the latter on the head with a stick which is a vulnerable part of the deceased's body.

However the. accused deserved sympathy from this court,

I

## Sentence

The accused person is sentenced to ¹⁸ months imprisonment (18) eighteen months imprisonment.

R/A Explained.