[1996] UGHC 77
The court found that the accused, Lakot Levecy, was provoked by the deceased, which led to the fatal incident. However, the response—stabbing the deceased six times—was deemed excessive. The accused's plea of guilty to manslaughter was accepted, and her status as a first offender, along with the period spent in...
Source-derived case information.
- Citation
- [1996] UGHC 77
- Parties
- Applicant: Uganda; Defendant: Lakot Levecy
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Session Case No. 370 of 1995
- Procedural Posture
- Criminal Session / Sentencing
- Outcome
- convicted of manslaughter and sentenced to three years imprisonment
- Judges
- GM OKELLO, J
- Legal Topics
- Manslaughter, Sentencing Guidelines, Provocation, First Offender, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Lakot Levecy
Defendant
Procedural Posture
Criminal Session / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter rather than murder.
- 2 What is the appropriate sentence for a first offender convicted of manslaughter under the Penal Code Act.
- 3 Whether the period spent in custody prior to trial should be considered in sentencing.
Ratio Decidendi
The court found that the accused, Lakot Levecy, was provoked by the deceased, which led to the fatal incident. However, the response—stabbing the deceased six times—was deemed excessive. The accused's plea of guilty to manslaughter was accepted, and her status as a first offender, along with the period spent in custody prior to trial, were considered mitigating factors. The court held that while provocation reduced the moral blameworthiness, the excessive nature of the response required a custodial sentence to express disapproval. Accordingly, a sentence of three years imprisonment was imposed, deemed adequate in light of all circumstances.
Court Disposition
convicted of manslaughter and sentenced to three years imprisonment
Orders
- The accused is sentenced to three years imprisonment.
- The period of 1 year and 9 months spent in custody prior to trial is taken into account.
Full Case Text
Judgment text and source record
18 paragraphs
## THE REPUBLIC OF UGAND.
## IN THE HIGH COURT OF UGANDA AT SESSION
## HCLDEN AT GULP
CRIMINAL SESSION CASE NO. 370 OF 1995
UGANDA . . *............. PROSECUTION* VERSUS
LAKOT LEVECY ACCUSED
BEFORE; HONOURABLE JUSTICE G. M. OKELLO
## SENTENCE
The accused, Lakot Levecy, was originally indicted on a charge of murder contrary to section <sup>183</sup> of the Penal Code Act. The particulars of the offence alleged that on or about the 20th day of December <sup>1994</sup> at Laco-anga village, Lukome, Bungatira Division Aswa County in Gulu District the accused murdered one Lakot Christine.
When the charge was put to her, the accused offered a plea of guilty to manslaughter a minor and cognate offence to murder. The Resident Senior State Attorney accepted that offer of plea. According to the facts narrated by the Prosecuting Counsel, the accused and the deceased were co-wives. They shared a husband.
0n the fateful night, the accused, the deceased and their husband had returned from a Christmas Party at the hone of a neighbour. On arrival at their home, their husband decided to have his supper at the accused's house. This a.ct appeared to have annoyed the deceased who came by the accused's house and started to quarrel with the accused over that act of their husband\* This appeared to have provoked the accused vzho came out with a knife and stabbed the deceased six times all over her body. The deceased died later that night from the injuries inflicted. Post mortem examination report indicated that the cause of death of the deceased was Lung Damage —
Haemo thorax.
The accused was then arrested and eventually indicted for the murder of her co-wife. She was later taken before a Magistrate at the Chief Magistrate's Court Gulu where she made an extra judicial statement. In the statement she admitted to have caused the death of the deceased.
Manslaughter of which the accused was convicted carries a maximum sentence of life imprisonment under section 182 of the Penal Code Act. Court however, has power to impose a lesser sentence if the circumstances of the case warranted.
In the instant case, the accused was stated to be a first offender. An established practice of this court is not to impose the maximum sentence on a first offender unless that is a mandatory sentence. It is also a requirement of the law that the period apent by an accused in custody prior to his trial must be taken into account when considering sentence. The accused was stated to have spent 1 year and 9 months in custody prior to her trial as from 5th January 1995.
The circumstances in which the offence was committed revealed some form of provocation by the deceased to the accused. She went to accusals house to quarrel with her there. That was provocation. Then the accused responded by stabbing the deceased six times. That response was no doubt excessive. In those circumstances, reasonable punishable is necessary to express disproval of the excess of the accused.
Taking into consideration the fact the accused is a first offender, had been in custody for 1 year and 9 months, three years imprisonment is considered adequate. So it is ordered.
'11/1996