[1993] UGHC 78
The court found that the accused's actions, though resulting in death, did not amount to murder but rather manslaughter, as there was no evidence of premeditation or intent to kill. The court considered the accused's plea of guilty, lack of previous convictions, the two years spent on remand, and her status as a...
Source-derived case information.
- Citation
- [1993] UGHC 78
- Parties
- Applicant: Uganda; Accused: Evaline Lapido
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Session Case 285 of 1992
- Procedural Posture
- Criminal Session / Sentencing
- Outcome
- convicted and sentenced
- Judges
- GM OKELLO, J
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Remand Period, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Evaline Lapido
Accused
Procedural Posture
Criminal Session / Sentencing
Legal Issues
- 1 Whether the accused's actions constituted manslaughter rather than murder.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court found that the accused's actions, though resulting in death, did not amount to murder but rather manslaughter, as there was no evidence of premeditation or intent to kill. The court considered the accused's plea of guilty, lack of previous convictions, the two years spent on remand, and her status as a widow with six children as significant mitigating factors. However, the court also noted that the violence used by the accused was uncalled for and unlawful. Balancing these factors, the court determined that a sentence of two years' imprisonment was proportionate to the offence committed.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to two years imprisonment.
Full Case Text
Judgment text and source record
36 paragraphs
## THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KANPALA HOLDEN AT GULU CRIMINAL SESSION CASE NO. 285 OF 1992 (ORIGINAL CRIMINAL CASE NO. MG. 234/1991) UGANDA ................................... versus EVALINE LAPIDO ................................ ACCUSED BEFORE: THE HONOURABLE MR. JUSTICE G. M. OKELLO.
## **SENTENCE:**
The accused was originally indicted for murder contrary to section 183 of the Penal Code. She offered a plea of guilty to manslaughter a lesser and cognate offence to murder. The state accepted the plea. In consequence she mas convicted of manslaughter contrary to section 182 of the Penal Code Act.
The deceased had apparently, worked for the accused and was not paid his dues. He then walked to the accused's home and picked two papyrus mats belonging to the accused. On seeing this the accused shouted "thief, thief" and picked a split firewood which she held with both hands and forcefully struck the deceased on the left ribs. The deceased fell down unconscious. He was apparently taken to Gulu Hospital where he died after three days without regaining his consciousness. The Post Mortem report revealed the cause of death as internal haemorthage. The spleen was found raptured.
The accused has no record of previous conviction. She pleaded guilty thus saving the court's time. This is a factor which this court has on several occasions taken into account in favour of an accused. The accused had been on remand in custody for two years. She is a widow with six children to look after.
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Against this that violence was uncalled for. She should not have resorted to that unlawful conduct. Considering all the circumstances of the offence, it is considered that two years imprisonment is proportionate to the offence. The accused is therefore sentenced to two years imprisonment.
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Okello
Judge 22.6.1993.
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