[1994] UGHC 51
The court found that the accused was guilty of manslaughter under section 182 of the Penal Code Act, having admitted to stabbing the deceased during a quarrel that escalated after the deceased assaulted her. The court considered the mitigating factors, including the accused's plea of guilty, the deceased's role in...
Source-derived case information.
- Citation
- [1994] UGHC 51
- Parties
- Applicant: Uganda; Defendant: Santina Bayoa
- Court
- High Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Criminal Session Case 251 of 1993
- Procedural Posture
- Criminal Session Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to three and a half years imprisonment.
- Judges
- GM OKELLO, J
- Legal Topics
- Manslaughter, Sentencing Guidelines, Mitigating Factors, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uganda
Applicant
Santina Bayoa
Defendant
Procedural Posture
Criminal Session Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter under section 182 of the Penal Code Act.
- 2 What is the appropriate sentence for the offence of manslaughter given the circumstances.
Ratio Decidendi
The court found that the accused was guilty of manslaughter under section 182 of the Penal Code Act, having admitted to stabbing the deceased during a quarrel that escalated after the deceased assaulted her. The court considered the mitigating factors, including the accused's plea of guilty, the deceased's role in initiating the assault, and the accused's two years and eight months spent on remand. Balancing these factors, the court determined that a sentence of three and a half years imprisonment was appropriate and commensurate with the offence in the circumstances.
Court Disposition
convicted of manslaughter and sentenced to three and a half years imprisonment.
Orders
- The accused is sentenced to three and a half years imprisonment.
Full Case Text
Judgment text and source record
14 paragraphs
### THE REPUBLIC OF UGANDA
## IN THE HIGH COURT OF UGANDA AT KAMPALA
## CRIMINAL SESSION CASE NO. 251 OF 1993
UGANDA
VERSUS PROSECUTOR
SANTINA BAYOA ACCUSED
# BEFORE HOW. MR. JUSTICE G. M. OKELLO
#### **SENTENCE;**
The accused was- originally iMiJicted fer murder c/s iSj-of the PCA. On arraignment she offered a plea' of guilty to- <&anslaugher a lesser and agnate offence to murder\* The state accepted the offer• <sup>A</sup> plea of guilty to manslaughter c/s 182 of the Penal code Act was accordingly sentered.
The facts showing the circumstances under which the offence was committed weM narrated. When they were put to her, the accused admitted the .facts were true and accurate. Upon that admission ef the facts, the aecus'ed was convicted of aanslauchter c/s 182 PCA. The facts she admitted may be summarised thu«|
The "deceased was the husband of the accused. <sup>A</sup> quarrel broke out between the couple over shs\* 2^0/=. The money belonged to the a-ccused and the deceased apparently took and used it without the knowledge and consent of the accused. The quarrel .developed into a fight. In the course of the ficht the deceased picked a stick with which he struck the accused on head and back. Upon this, the accused picked a knife, and stabbed the deseased once on the left side of chest. The deceaseid died instantly. Post mortem examination was carried on the body later. The post mortem Report revealed that there was a penetrating wound on 'the lung and Heart. The cause of death was put as internal haemorrage due to s'tab wound on the heart
Manslaughter carries a maximum penalty of life imprisonmen. Court however has discretion to ^ive lesser sentence or such sentence which is commensurate the offence. In arriving at the appropriate sentence court must take into consideration various factors including the circumstances in which the offence was committed.
In the instant case, the offence was committed over a patty quarrel. The deceased started the assault. This of cause was no excuse for the accused to respond with such a lethal weapon. I am told that the accused has been incustody on remand for <sup>2</sup> years and 8 months - she pleaded guilty. Bearing all these in mind I consider that three and hald years imprisonment is commensurate with this -offence in the ciraums-tance. so I order.
G.-. V. K. G. M.- OKELLO JUDGE. 19/V9^-