[1994] UGHC 91
The court accepted the accused's plea of guilty to manslaughter, finding that he caused the death of his father by hitting him with a walking stick. The absence of intent to kill and the presence of provocation were considered. The accused's lack of prior convictions, his ill health, family responsibilities, and...
Source-derived case information.
- Citation
- [1994] UGHC 91
- Parties
- Applicant: Uganda; Defendant: Stanley Noyeija
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Session Case 134 of 1992
- Procedural Posture
- Criminal Law / Conviction and Sentencing
- Outcome
- convicted on plea of guilty to manslaughter; sentenced to three years' imprisonment from date of remand.
- Judges
- Lugayizi, J
- Legal Topics
- Manslaughter, Plea of Guilty, Sentencing Principles, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Stanley Noyeija
Defendant
Procedural Posture
Criminal Law / Conviction and Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter based on his plea and the facts presented.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and his personal situation.
Ratio Decidendi
The court accepted the accused's plea of guilty to manslaughter, finding that he caused the death of his father by hitting him with a walking stick. The absence of intent to kill and the presence of provocation were considered. The accused's lack of prior convictions, his ill health, family responsibilities, and immediate admission of guilt were significant mitigating factors. The court determined that, although manslaughter is a grave offence warranting a severe sentence, the circumstances justified leniency. The accused was sentenced to three years' imprisonment, to be counted from the date of his initial remand.
Court Disposition
convicted on plea of guilty to manslaughter; sentenced to three years' imprisonment from date of remand.
Orders
- Accused is convicted of manslaughter on his own plea of guilty.
- Accused is sentenced to three years' imprisonment, to be counted from the date of first remand.
Full Case Text
Judgment text and source record
55 paragraphs
## THE REFUELIC OF UGINDA
IN THE HIGH COURT OF VOLUME IT THE SESSION HOLDEN AT MBALARI
ORTHUNAL SESSION CASE NO. 134 OF 1992
PROSECUTOR UG. MDA:
### VERSUS
STANLEY NOYEIJA: . ACCUSED BEFORE: The Honourable Mr. Ag. Justice E. S. Lugayizi CONSENT JUDGMENT
$13/6/1994$ : At: 12.10p.m.
Accused present.
far. Wagona for State.
Mr. Warona:
Mr. Kahuntu is defending here and has asked us to fix a
hearing day. Can we have 28.6.94?
#### Assessors:
1. Mr. Nkuhe
2. Mr. Rwabambari.
Accused: No objection.
Court:
This case is fixed for hearing on $28/6/94$ . Assessors to be in attendance. Accused further remanded till then.
S $rd$ :
E. S. Lugayizi Ag. Judge $13/6/94$
# $28.6.94 - 9.50au$ .
Accused present.
Mr. Kahungu Tibayeita for accused.
Mr. Wagona for the State.
Mr. Munyampenda court clerk.
Assessor.
Court: Indictment read ad explained to Accused. Accused: I understand the Indiament. Court: How do you plead to 18?
Accused: I killed the deceased but I did not intend to do so. Mr. Wagona: I have no objection to the accused's plea to the lesser charge of manslaughter.
Court: Accepts the accused's plea of "guilty" to a lesser charge of manslaughter.
Mr. Wagona: According to facts available, on or about the 22nd day of March, 1991, at hyperubire village in Bushenyi District the accused cruced the death of the deceased who was his father. Accused was returning from a dispensary. He stopped over at a Trading Contre called Rwomengo. At around $\delta$ .00p.m., the accused saw deceased passing by the Trading Centre. He followed him and caught up with him and under circumstances that were not clear to the prosecution (since there were no eye witnesses) accused hit deceased with a walking stick which he had. The deceased died on the spot. Accused was later arrested and handed over to police and subsequently charged with nurder.
A post-mortem was done, deceased which revealed that he died of a closed head injury.
Court: You have heard the lasts above, how do you ready to them. Accused: I accept the facts as related above. Court: Accused is convicted on his own plea of guilty.
Mr. Kahungu Tibayeita:
Accused person says that for over 40 years, he had lived with his father and had not had any problem with him. What happened on the material day was out of the ordinary. The accused was carrying his sick child who was on the verge of dying. At that stage, his father who seems to have been drunk, made remarks to the effect that he wished the child had died. He went on making provocative remarks.
$\frac{1}{2}$
Accused hit hus told with an ordinary walking stick. He was shocked when the old man fell down and died abruptly. His child also died immediately after his father's death. Accused person has $\&$ children at home, a wife and an aged mother. The children have all dropped out of school since there is no one to care for them. Accused suffers from acute alcers. This has been so since 1989 and he has not been getting any proper treatment. He has been on remand since 1991. He feels very sad about his father's death. For the same of his family, sisters and brothers, etc, he would wish to be given a sentence which would ensure his immediate release.
Mr. Wagona: I have no record of previous conviction for himdly I however invite court to impose an appropriate sentence in view of fact that as a result of the accused's act life was lost.
Court: Sentence will be passed this afternoon at 3,00p.m. This court adjourns till then.
> $Sgd:$ E. S. Lugavizi Ag. Judge 28.6.94.
#### SENTENCE:
The gravity of the official of manslaughter is reflequed in the sentence the law imposes for it which is life imp ment.
Accordingly, court takes a very serious view of the commission of that offence.
However, taking into account in this case the fact that the accused is a first offender. He is sick, and has a lot of family commitments and did not waste court's time but pleaded guilty readily. I am inclined to be lehient
I therefore seatence his to a same of 3 pers' imprisonment, which should be counted from the time, when he was first remanded.
Sgd: E. S. Lugayizi
Ag. Judge 28.6.94.
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Mr. Kahungu Tibayeita for accused.
Mr. Wagona for the State.
Mr. Baguma court clerk.
chigay-3
Sgd: E. S. Lugayizi Ag. Judge $28.6.91.$