[1996] UGHC 34

^I PrE

## THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT SESSION

## HOLDEN AT GULU

CRIMINAL SESSION CASE NO. 265 OF 1996 UGANDA ....................... PROSECUTOR - VERSUS - ODONG ANGURA ................................ ACCUSED

BEFORE; THE HONOURABLE MR.- JUSTICE G. M.. OKELLO

## S, E ^N T E ^N ^C E

The accused was originally indicted on a charge of murder contrary to section 183 og the Penal Code Act. Subsequently he pleaded guilty to manslaughter contrary to section 182 of the Penal Code Act.. The Senior Resident State Attorney prosecuting the case accepted that offer of plea. Consequently the accused was convicted of manslaughter contrary to section 182 of the Penal Code Act.

The facts as narrated by the State Counsel indicated that prior to the incident,, the accused had gone to the home of his son the deceased for a visit. While there he was entertained to enguli which he drank with the deceased, the deceased's uncle and some other women. According to the facts, the drinking party started in the morning hours and continued until ⁹ \*0C B/.m. when disagrees\* ment broke out between the accused and his son the deceased. The accused requested for a place to sleep in at the home of the deceased but the deceased refused and insisted that the accused should return to his (accused's) own home and sleep there.

This couple with the alcohol they had taken annoyed the accused and a drunkard quarrel ensued,. The accused picked his spear where he kept it and started to go to his home while quarreling. The deceased followed the accused armed with a stick. Apparently a fight resulted between the two. The accused threw a spear which he had in his hand. The spear landed on the deceased spearing him on the right groin.

It would appear that the deceased removed the spear and with it speared the accused on the back. Both the accused and the deceased were later brought to Gulu Hospital. But the deceased died from that injury a week later. The accused however was treated and recovered.

The post mortem examination on the body of the deceased revealed the cause of death as Peritonitis with Septic Shock. The accused was eventually arrested and indicted with the murder of his own son Okwonga Vincent.

The principle behind sentence is that sentence should not only befit the offence but also the offender. The offence with which the accused is now convicted carries a maximum sentence of life imprisonment. The court however has discretion to pass lesser sentence if the circumstances warranted. The accused is said to be ^a first offender. The established practice of 'this court is not to impose the maximum sentence on a first offender except where the sentence is a mandatory one.

I am told that the accused had been in custody before his trial for 1-J- years. This will be taken into consideration when sentencing. I am further told that the accused has heavy domestic responsibility part of it caused by the death of his own son the deceased. All these must be contrasted with the gravity of the offence with which the accused is convicted.

This court should like to categorically condemn solving differences by violence. Heavy alcoholism should not be an excuse to committing such serious crime. No one has the right to take another'^s life. In the circumstances I sentence the accused to ³ years imprisonment.

G. M. CICELLO

Judge

1st August, 1996