[1996] UGHC 19

#### THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

### **HOLDEN AT MBARARA**

BEFORE: THE HONCURABLE MR. JUSTICE E. S. LUGAYIZI

CRIMINAL SESSION CASE NO.349 OF 1994

$\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ $\ldots$ UGANDA....

VS

JOVIA KYOMUHANGI....................................

# $19/2/96/10.25$ a.m.

Accused person present.

Mr. Wagona for State

Mr. D. Kwizera for accused.

Mr. Baguma. Court clerk.

Indictment read and explained to accused.

Accused: I do not admit the charge.

P. N. G. entered

Assessors:

1. Mr. Rwabambari

2. Mr. Lugasa

Accused: No objection.

Mr. Wagona

We have agreed to have this case heard on $21/2/96$ Mr. Kwizera

It is so.

Court: The case is fixed for hearing on $21/2/96$ at 9.00 a.m. It is adjourned till then. Accused is further remanded to that day.

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$000/2$

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E. S. Lugayizi Judge $19/2/96$

## $21/2/96:10.06$ a.m.

Mr. Kwizera for Accused (State brief)

Mr. Magona for the State

Mr. Baguma, Court clerk

Mr. Kwizera:

After due consultations with the accused person, she now wishes to plead thirty to a lessor offence of manslau hter.

### Mr. Jasona;

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

## Court:

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$\mathbb{H} \oplus \mathbb{H}$

Accused is hereby permitted to change her plea of Not Guilty to murder, to that of Guilty to manslaughter under S.62 of the TID and Section 182 of the Penal Code Act. Section 182 of the Penal Code Act fully explained to her.

#### Accused:

I admit the new on rea and pleas guilty to re.

#### Court:

A plea of guilty to marcha, ther is hereby entered against the accused under Section 62 of the T.1 D. and

S.182 of the Penal Code Act respectively.

E. S. Lugayizi<br>Judge

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#### Mr. Wagona:

On or about the 16th day of March, 1993 at Ntarama village, Mwooya parish, Kashan i in the Marad Disortet, the accused parson coursed Yosamu Kanabahita her een hostund. There was no eye witness to the incident, but according to accused's statement made under charge and callulon, the killed the

deceased because the deceased was giving her a very hard time in the marriage. The deceased had often beaten her and deserted her. He was committing adultery with another woman called Beatrice Kyentama.

According to one George Byaruhanga the deceased's nephew, the accused had always complained that deceased was mistreating her. Deceased had sold family property including cows and matooks and was giving the money to the other woman.

The deceased's relatives warned him, but he did not stop misbehaving.

On 16th March, 1993, at about 8.00 p.m. the deceased returned home with two jerricans of tonto which he kept in the house.

Accused complained that she did not want tonto to be kept in her house because she was saved. However, the deceased began beating her up. At around 10.00 p.m. while the deceased was in bed the accused picked a hoe and cut the deceased's neck. Deceased died as a result. Accused decided to dump deceased's body in an old pit-latrine and covered it with soil.

Accused kept quiet about the incident until April, 1993, when she revealed all this to one George Byaruhanga a nephew of the deceased.

Byanuhanga in turn informed Wilson Karugema whom the accused later told everything.

Accused was then taken to the Gombolola Headquarters and later to the police and subsequently taken to court on a charge of murder.

601 canadam (11) no

Deceased's remains were buried without post-mortem.

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$\cdots\cdots$

# Court:

Facts are put to accused.,

## Accused:

Facts above are true.

# Court:

The accused is convict.d of »,hi. offence of mans1a/•••:?• t contrary to S.182 of the P.ral Code Act on her own oJ of guiltyo /

bo So Lugayizi Judge 21/2/96

# Mr Kwizera:

I am praying that a lenient sentence be given to thr accused. She has pleaded guilty and saved court's valuable time. She has expressed remorse right from the day she volunteered information leading to her arrest^ She is repentent.

Accused is a married woman with ³ children. The oldest is ¹⁷ years and the youngest who is on remand with her and is here in court is ³ J years.

The young child has been with the accused since her remand and is suffering.

The rest of the seven children were being looked after by their grandmother who died in October^ 1995-^und have no one to look after them.

The circumstances of the offence are regrettable, but it is indicated that the deceased was drank.

Accused has been in jail since April, 1993^p making it almost ³ years. Thn.o, in my view, is sufficient punisnm^nt to her, ¹ cornu should release the accused.

#### Mr. Wagona

Accused is a first offender. We have no record of any previous conviction in respect of the accused. While I associate myself with counsel's submissions above, the offence in issue is a serious one because life $10.15 \pm 0.12$ was lost. attoriants at particu

I invite court to give an appropriate sentence. Court:

Let's adjourn until 11.45 a.m. Court is accordingly so adjourned.

Judge $21/2/96$

(Court as before) 11.52 a.m.

#### Court:

The offence of manslaughter is a very serious one. since (as counsel for the state observed above) it involves the taking away of another person's life.

Its seriousness is again reflected by the maximum penalty provided by the legislature for it under S.185 of the Penal Code Act, which is life imprisonment.

In view of the above circumstances, court also takes a very serious view of the said offence.

However, considering the fact that the accused has no previous record of wrong-doing and also that she has not wasted court's time, court has decided to exercise leniency towards her.

In coming to the above decision, court has not also overlooked the fact that the accused by her conduct showed remorse when she told those concerned what had happened to the deceased and they were able to set in motion the process of the law at an early stage.

Further, there is also this aspect of the seven children (the accused's children) who are now suffering without a father or a mother or anybody else to look after them. And of course, there is the innocent baby of $3\frac{1}{2}$ years who has been in prison with her mother for a long time.

Taking into account all the above circumstances, I feel a sentence of three years' imprisonment will serv. the interests of justice in this case. The accused is accordingly sentenced to three years' imprisonment for the offence she committed. The time she has been on remand will be taken into account in computing the above sentence.

ESLigning E. S. Lugayizi Judge $21/2/96$

R/A against sentence fully explained to the accused.

E. S. Luzayizi $\mathrm{Jac}_{\mu,\Phi}$

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