[1993] UGSC 33
The Supreme Court found that although other courts might have imposed a somewhat lesser sentence, the reduction would not be significant. The trial judge had considered the personal circumstances of the appellant and the seriousness of the offence, particularly the use of a spear. There were no misdirections in...
Source-derived case information.
- Citation
- [1993] UGSC 33
- Parties
- Appellant: Wilson Jack Twesiime Kaingana; Respondent: Uganda
- Court
- Supreme Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal 22 of 92
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal_dismissed
- Judges
- Manyindo, DCJ, Oder, JSC, Platt, JSC
- Legal Topics
- Manslaughter, Provocation, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Jack Twesiime Kaingana
Appellant
Uganda
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 10 years imprisonment for manslaughter on grounds of provocation was excessive.
- 2 Whether there were grounds for the appellate court to interfere with the sentence imposed by the trial judge.
Ratio Decidendi
The Supreme Court found that although other courts might have imposed a somewhat lesser sentence, the reduction would not be significant. The trial judge had considered the personal circumstances of the appellant and the seriousness of the offence, particularly the use of a spear. There were no misdirections in sentencing and no grounds for appellate interference. The appeal against sentence was therefore dismissed.
Court Disposition
appeal_dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
## IN THE SUPREME COURT OF UGANDA
### AT MENGO
(CORAM; <sup>M</sup>aNYINDO, D. C. J., ODER, J. S. C. & PLATT, J. S. C.)
## CRIMINAL APPEAL NO. 22/92
# BETWEEN
WILSON JACK TWESIIME KAINGANA :::::::::::::::::::::::::: APPELLANT
## AND
UGANDA ::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT
### JUDGMENT OF THE COURT
Tliis was an appeal against sentence.
The Appellant was tried for murder, but convicted of Manslaughter on grounds of provocation. He was sentenced to 10 years imprisonment.
When all the facts are considered this was a borderline case. There is no appeal from either side against conviction. There was quarrel because of drink. The learned Judge took into account the personal factors of the Appellant, but was of opinion that the use of a spear was a. yery serious matter.
While we consider that other Courts might have imposed a somewhat lesser sentence, the reduction would not be great. There are no particular misdirections aS to sentence and therefore there are no grounds upon which the Court ought to interfere.
Accordingly the appeal is dismissed. Dated at Mengo this 26th of. October 1993-
I CERTIFY THAT THIS <sup>A</sup> TRUE COPY OF THE ORIGINAL. A. L. Kyeyune ( AG. ASST. REGISTRAR.
9th November, 199^.
S. T. MANYINDO
DEPUTY CHIEF JUSTICE
A. H. 0 ODER JUSTICE OF THE SUPREME COURT
H. G. PLATT JUSTICE OF THE SUPREME COURT